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HAWKINS v. UNITED STATES

No. 71-2082 Summary Calendar.

458 F.2d 1153 (1972)

James C. HAWKINS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 10, 1972.

Attorney(s) appearing for the Case

Will Gray, Houston, Tex. (Court appointed), for petitioner-appellant.

Roby Hadden, U. S. Atty., Dale Long, Asst. U. S. Atty., Tyler, Tex., for respondent-appellee.

Before JOHN R. BROWN, Chief Judge, and INGRAHAM and RONEY, Circuit Judges.

PER CURIAM:

This post-conviction proceeding, designated by appellant as a "petition for writ of error coram nobis," was considered by the trial court as a motion to correct sentence under Rule 35, F.R. Crim.P., and all relief was denied. 324 F.Supp. 223. The gist of petitioner's claim was that one of the counts against him was void, and that this should result in reducing his overall sentence from ten years to five years. We hold...

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