PER CURIAM:
This appeal is from the denial, without a hearing, of a 28 U.S.C., § 2255 motion to set aside sentence. The sentence is assertedly invalid because previous unconstitutional convictions were taken into account by the sentencing judge in imposing the maximum sentence on a guilty plea, as reflected by the pre-sentence report.
During the imposition of sentence, the trial court remarked (page 8 of the sentencing transcript) "according to this probation...
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