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UNITED STATES v. GREGORY

No. 71-2793.

472 F.2d 484 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Cleo GREGORY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 2, 1973.

Attorney(s) appearing for the Case

James C. Bonner, Jr., Decatur, Ga. (Court Appointed), for defendant-appellant.

John W. Stokes, Jr., U. S. Atty., E. Ray Taylor, Asst. U. S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before WISDOM, THORNBERRY and GODBOLD, Circuit Judges.

WISDOM, Circuit Judge:

Cleo Gregory was convicted in 1953 of second degree murder on a federal reservation and sentenced to life imprisonment. 18 U.S.C. § 1111. He allowed the time for a direct appeal to lapse, allegedly because he had not been informed by his court-appointed attorneys of his right to appeal. In 1953 he filed a § 2255 petition to vacate his sentence and judgment. The district court denied the petition without a hearing, and this Court dismissed...

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