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MIDDLEBROOKS v. UNITED STATES

No. 71-2939. Summary Calendar.

457 F.2d 657 (1972)

Clarence Eugene MIDDLEBROOKS, Jr., Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 20, 1972.

Attorney(s) appearing for the Case

J. Russell Hornsby, Dale E. Anstine, Orlando, Fla., for petitioner-appellant.

John L. Briggs, U. S. Atty., Alan C. Todd, Orlando, Fla., for respondent-appellee.

Before JOHN R. BROWN, Chief Judge, and GOLDBERG and MORGAN, Circuit Judges.

GOLDBERG, Circuit Judge:

Clarence E. Middlebrooks, Jr., was convicted in 1968 of using the mails to defraud in violation of 18 U.S.C.A. § 1341. United States v. Middlebrooks, 5 Cir. 1970, 431 F.2d 299, cert. denied, 1971, 400 U.S. 1009, 91 S.Ct. 569, 27 L.Ed.2d 622. In 1971, on the same day that he began to serve his sentence for the 1968 conviction, Middlebrooks moved in the lower court to vacate judgment and sentence pursuant...

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