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ETIENNE v. UNITED STATES

No. 73-2957. Summary Calendar.

487 F.2d 1334 (1973)

Emanuel ST. ETIENNE, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

December 14, 1973.

Attorney(s) appearing for the Case

Emanuel St. Etienne, pro se.

Gerald J. Gallinghouse, U. S. Atty., May Williams Cazalas, Asst. U. S. Atty., New Orleans, La., for respondent-appellee.

Before JOHN R. BROWN, Chief Judge, and DYER and SIMPSON, Circuit Judges.

PER CURIAM.

We vacate the district court's order summarily denying St. Etienne's motion to vacate sentence filed pursuant to 28 U.S.C.A. § 2255, and remand the cause with instructions to resentence the appellant in conformity with our opinion in Caille v. United States, 5 Cir. 1973, 487 F.2d 614.

Vacated...

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