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TATE v. HENDERSON

No. 71-2807. Summary Calendar.

453 F.2d 358 (1971)

Clarence TATE, Jr., Petitioner-Appellant, v. Warden J. D. HENDERSON, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

December 30, 1971.

Attorney(s) appearing for the Case

Clarence Tate, Jr., pro se.

John W. Stokes, Jr., U.S. Atty., Charles A. Pannell, Jr., Atlanta, Ga., for respondent-appellee.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.

PER CURIAM:

Clarence Tate, Jr., a federal prisoner who is serving a sentence in the United States Penitentiary in Atlanta, has appealed from the district court's denial of his petition for habeas corpus. The district court held that Tate's proper remedy was a motion to vacate his sentence pursuant to the provisions of 28 U.S.C. § 2255. Since we conclude that the court below misapprehended the thrust of appellant's contentions, we vacate the order appealed from...

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