MIDDLEBROOKS v. UNITED STATES

No. 73-4033.

500 F.2d 1355 (1974)

Clarence Eugene MIDDLEBROOKS, Jr., Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 5, 1974.


Attorney(s) appearing for the Case

Calvin J. Faucett, Orlando, Fla., for petitioner-appellant.

John L. Briggs, U. S. Atty., Jacksonville, Fla., Jeffry R. Jontz, Harrison T. Slaughter, Jr., Asst. U. S. Attys., Orlando, Fla., for respondent-appellee.

Before TUTTLE, WISDOM and GEE, Circuit Judges.


TUTTLE, Circuit Judge:

This appeal from the denial of a federal prisoner's motion to vacate his sentence under 28 U.S.C. § 2255 presents the question whether this Court's apparent reliance on erroneous information contained in the government's brief so affected its decision to affirm the defendant's conviction on direct appeal that the defendant was denied due process of law. We affirm the denial of the defendant's section 2255 motion.

The defendant,...

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