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HUTTO v. UNITED STATES

No. 74-3215 Summary Calendar.

509 F.2d 132 (1975)

Jimmy Dale HUTTO, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 11, 1975.

Attorney(s) appearing for the Case

David H. Berg, Houston, Tex., for petitioner-appellant.

Anthony J. P. Farris, U. S. Atty., Mary L. Sinderson, Asst. U. S. Atty., Houston, Tex., for respondent-appellee.

Before WISDOM, BELL and CLARK, Circuit Judges.

Rehearing Denied April 11, 1975. See 511 F.2d 172.

PER CURIAM:

This case got to the Court of Appeals because the insistence by all concerned upon technicality has compounded a procedural error from a mole hill into a mountain. It began when counsel for petitioner mistakenly inserted the original criminal file number in the caption of a motion under 28 U.S.C. § 2255 seeking to vacate petitioner's sentence. The government...

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