No. 73-2269.

485 F.2d 130 (1973)

Joseph John FOURNIER, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 3, 1973.

Attorney(s) appearing for the Case

Joseph John Fournier, pro se.

Frank D. McCown, U. S. Atty., Wm. F. Sanderson, Jr., Asst. U. S. Atty., Dallas, Tex., for respondent-appellee.

Before WISDOM, AINSWORTH and CLARK, Circuit Judges.


In accordance with his plea of guilty, Fournier was convicted of transporting a weapon in interstate commerce, a violation of 18 U.S.C. §§ 922(g)(1), 924(a) (1970), and sentenced to three years imprisonment. Subsequently, he petitioned the district court for a reduction of sentence under Fed.R.Crim.P. 35, alleging that his sentence was illegally excessive. On May 11, 1972, the court entered an order granting the motion which reduced appellant...

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