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AVERY v. UNITED STATES

No. 73-3089 Summary Calendar.

494 F.2d 33 (1974)

Arthur Lee AVERY, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

May 9, 1974.

Attorney(s) appearing for the Case

Arthur Lee Avery, pro se.

Gerald J. Gallinghouse, U. S. Atty., Mary Williams Cazalas, Asst. U. S. Atty., New Orleans, La., for respondent-appellee.

Before BELL, GODBOLD and GEE, Circuit Judges.

PER CURIAM:

In 1971, in the United States District Court for the Eastern District of Louisiana, petitioner Avery pleaded guilty to a charge that earlier that same year he sold and distributed heroin in violation of 21 U.S.C. § 841(a)(1). He was sentenced to 10 years' imprisonment which he is presently serving at the Federal Penitentiary at Atlanta, Georgia.

In 1973 Avery filed in the sentencing court a pro se pleading styled a petition for a writ of ...

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