UNITED STATES v. HAMMER

No. 74-1227 Summary Calendar.

496 F.2d 917 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Wallace L. HAMMER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 3, 1974.


Attorney(s) appearing for the Case

Wallace L. Hammer, pro se.

Richard D. Stephens, Asst. U. S. Atty., Dallas, Tex., for plaintiff-appellee.

Before BELL, SIMPSON and MORGAN, Circuit Judges.


PER CURIAM:

Hammer appeals the district court's denial of his motion to reduce or modify sentence, filed pursuant to Rule 35, F. R.Cr.P. We vacate the judgment appealed from and remand with directions.

The appellant pleaded guilty to filing a false and fraudulent income tax return, in violation of 26 U.S.C. § 7201, and was sentenced on April 20, 1973 to serve a five-year sentence by District Judge Sarah T. Hughes. A notice of appeal was timely filed and...

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