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.
United States Court of Appeals, Fifth Circuit.
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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