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BROWN v. UNITED STATES

No. 72-2065. Summary Calendar.

468 F.2d 897 (1972)

James H. BROWN, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 3, 1972.

Attorney(s) appearing for the Case

James H. Brown, pro se.

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

Before THORNBERRY, COLEMAN and INGRAHAM, Circuit Judges.

INGRAHAM, Circuit Judge:

The district court has denied without an evidentiary hearing the appellant's motion to vacate his federal sentence pursuant to 28 U.S.C. § 2255. We vacate and remand.

Appellant is presently serving a 17 year sentence for bank robbery, a violation of 18 U.S.C. § 2113(a). This Court affirmed on direct appeal in United States v. Brown, 5th Cir. 1970, 432 F.2d 552. In his § 2255 motion to...

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