UNITED STATES v. HARPER

No. 71-2586 Summary Calendar.

460 F.2d 1024 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. James Barney HARPER, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 10, 1972.


Attorney(s) appearing for the Case

Harold J. DeMetz, Gulfport, Miss., Court-appointed for defendant-appellant.

Robert E. Hauberg, U.S. Atty., E. Donald Strange and Daniel E. Lynn, Asst. U.S. Attys., Jackson, Miss., for plaintiff-appellee.

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


PER CURIAM:

On this post-conviction appeal from a refusal of the District Court to reduce defendant's 4½ year sentence for a Dyer Act violation, 18 U.S.C.A. § 2312, the Appellant asserts that the District Court improperly denied relief on the basis of two factors not supported by the record.

We do not reach that problem. The petitioner was arraigned and tried before one Judge who likewise acted on the post-conviction motion to reduce sentence. The...

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