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HILL v. UNITED STATES

No. 74-2876 Summary Calendar.

506 F.2d 448 (1975)

Robert Finley HILL, Jr., Plaintiff-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 13, 1975.

Attorney(s) appearing for the Case

Charles J. Pisano, New Orleans, La. (Court-appointed), for plaintiff-appellant.

Gerald J. Gallinghouse, U. S. Atty., Harry R. Hull, Asst. U. S. Atty., New Orleans, La., for respondent-appellee.

Before WISDOM, GOLDBERG and GEE, Circuit Judges.

PER CURIAM:

In this § 2255 matter petitioner contends that three invalid prior convictions were considered by the court in assessing a maximum prison term. At an evidentiary hearing held by a magistrate on May 30, 1974, only one of these convictions was found to be invalid; and a recommendation was made that, if the court considered that conviction in imposing sentence, petitioner be resentenced. The court adopted this recommendation, vacated the original sentence...

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