FRANCHI v. UNITED STATES

No. 72-1592 Summary Calendar.

464 F.2d 1035 (1972)

Jose Manuel FRANCHI, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 31, 1972.


Attorney(s) appearing for the Case

Jose Manuel Franchi, pro se.

Robert W. Rust, U. S. Atty., Michael P. Sullivan, Asst. U. S. Atty., Miami, Fla., for repondent-appellee.

Before THORNBERRY, COLEMAN and INGRAHAM, Circuit Judges.


PER CURIAM:

This is an appeal from the denial of a motion to vacate, 28 U.S.C. § 2255, the federal sentence of appellant Jose Manuel Franchi. We vacate the ruling below and remand the cause for further proceedings.

In 1964 appellant was convicted of violating the federal marijuana laws, 26 U.S.C. § 4744(a). He served a two year sentence. In 1969 he was convicted of the sale, etc. of cocaine, which is prohibited by 26 U.S.C. § 4705(a) and was...

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