GANDY v. UNITED STATES

No. 74-2538. Summary Calendar.

502 F.2d 564 (1974)

Earl Edward GANDY, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 11, 1974.


Attorney(s) appearing for the Case

Earl Edward Gandy, pro se.

Waymon G. Sherrer, U. S. Atty., Melton L. Alexander, Asst. U. S. Atty., Birmingham, Ala., for respondent-appellee.

Before GEWIN, GODBOLD and CLARK, Circuit Judges.


PER CURIAM:

This appeal is from an order of the district court denying the § 2255 petition of a federal prisoner. We vacate and remand.

The appellant was convicted upon trial by jury of two counts of selling counterfeit Federal Reserve Notes, in violation of 18 U.S.C. § 473. He was sentenced August 15, 1972, to five years under the first count and five years, subject to the provisions of 18 U.S.C. § 4208(a)(2), under the second count, to run...

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