UNITED STATES v. USHER

No. 73-4022. Summary Calendar.

493 F.2d 1356 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Harman Victor USHER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 20, 1974.


Attorney(s) appearing for the Case

Edward C. Stone, Atlanta, Ga. (Court-appointed), for defendant-appellant.

William Schloth, U.S. Atty., Macon, Ga., for plaintiff-appellee.

Before GEWIN, GODBOLD and CLARK, Circuit Judges.


BY THE COURT.

Although the record in this cause presents a substantial question as to whether the sentence imposed is an illegal sentence or a sentence imposed in an illegal manner, within the meaning of Fed.R.Crim.P. 35, and despite the fact that defendant's correspondence with the district court from which the present appeal has been allowed occurred more than 120 days after sentence was imposed, this court deems it just under the circumstances to remand this cause...

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