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WILLIAMS v. UNITED STATES

No. 71-2247.

445 F.2d 1023 (1971)

Arthur WILLIAMS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 14, 1971.

Attorney(s) appearing for the Case

Arthur Williams, pro se.

Seagal V. Wheatley, U. S. Atty., San Antonio, Tex., for appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

PER CURIAM:

The application for leave to appeal in forma pauperis is granted. The final order of the district court denying relief under 28 U.S.C. § 2255 is reversed in part. The case is remanded with directions to vacate the sentence of the appellant, and to resentence him as a first offender within the limits provided by 26 U.S.C. § 2557(b) (1), which was in effect when the appellant was convicted. Munoz Perez v. United States, 5th Cir. 1971,

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