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DIGGS v. UNITED STATES

No. 71-1221 Summary Calendar.

447 F.2d 460 (1971)

Sidney Joseph DIGGS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 25, 1971.

Attorney(s) appearing for the Case

Louis R. Koerner, Jr., New Orleans, La., for petitioner-appellant.

Gerald J. Gallinghouse, U. S. Atty., Patrick C. McGinity, Asst. U. S. Atty., New Orleans, La., for respondent-appellee.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.

PER CURIAM:

This appeal is from an order denying a motion to vacate and set aside a sentence. Diggs v. United States, E.D., La., 1970, 322 F.Supp. 1123; 28 U.S.C. A. § 2255.

On August 3, 1960, appellant pleaded guilty to selling heroin in violation of 21 U.S.C.A. § 174 and 26 U.S.C.A. §§ 4704(a) and 4705(a), and was sentenced to five years imprisonment. In 1969, he was charged with receiving and concealing...

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