UNITED STATES v. LEWIS

Nos. 72-2524 and 72-2740.

478 F.2d 835 (1973)

UNITED STATES of America, Plaintiff-Appellant, v. Jack L. LEWIS, Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellant, v. James L. WILLOZ, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 29, 1973.


Attorney(s) appearing for the Case

Gerald J. Gallinghouse, U. S. Atty., Mary Williams Cazalas, John R. Schupp, Asst. U. S. Attys., New Orleans, La., for plaintiff-appellant.

Virgil Wheeler, Jr., New Orleans, La., for defendants-appellees.

Before JONES, GODBOLD and INGRAHAM, Circuit Judges.


JONES, Circuit Judge.

The narrow question on this appeal is whether the amounts paid as fines which were imposed after pleas of guilty to criminal charges made pursuant to a statute which was subsequently determined, retroactively, to be unconstitutional, may be recovered in a coram nobis proceeding attacking the validity of the convictions. The facts of the case, the decision of the district court and the reasons for its decision are set forth in its opinion. United...

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