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JOHNSON v. UNITED STATES

No. 71-1154 Summary Calendar.

447 F.2d 516 (1971)

Marvin Spencer JOHNSON, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 26, 1971.

Attorney(s) appearing for the Case

Marvin S. Johnson, pro se.

Seagal V. Wheatley, U. S. Atty., San Antonio, Tex., Victor K. Sizemore, Asst. U. S. Atty., El Paso, Tex., for respondent-appellee.

Before JOHN R. BROWN, Chief Judge, and INGRAHAM and RONEY, Circuit Judges.

PER CURIAM:

Marvin Spencer Johnson, a federal prisoner, appeals from the District Court's dismissal of his petition for habeas corpus. The court below held that appellant's proper remedy would be a motion to vacate judgment and sentence, 28 U.S.C. § 2255, filed in Johnson's sentencing court, the United States District Court for the District of Wyoming. We affirm.

Johnson was convicted of violating 18 U.S.C. § 495. The District Court for the District...

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