CHAPMAN v. UNITED STATES

No. 72-1920 Summary Calendar.

469 F.2d 634 (1972)

Kenneth CHAPMAN, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 31, 1972.


Attorney(s) appearing for the Case

John C. Pennington, Atlanta, Ga. (Court-appointed), for petitioner-appellant.

William J. Schloth, U. S. Atty., Ronald T. Knight, Asst. U. S. Atty., Macon, Ga., for respondent-appellee.

Before WISDOM, GODBOLD and RONEY, Circuit Judges.


WISDOM, Circuit Judge:

This is an appeal from the district court's denial of a motion under 28 U.S.C. § 2255 to have the appellant's conviction and sentence vacated, appeal rights reopened, and counsel appointed to perfect an appeal in forma pauperis. We reverse.

The appellant, Kenneth Chapman, was convicted under 18 U.S.C. § 2113(a) for attempted entry into a bank with intent to commit a felony and was sentenced on November 16, 1966, to serve a...

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