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PROFFITT v. UNITED STATES

No. 75-2062.

549 F.2d 910 (1976)

Wilbert Eugene PROFFITT, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 25, 1976.

Certiorari Denied January 25, 1977.

Attorney(s) appearing for the Case

Richard A. Williamson, Williamsburg, Va., for appellant.

Theodore S. Greenberg, Asst. U. S. Atty. (William B. Cummings, U. S. Atty., Norfolk, Va., J. Frederick Sinclair, Asst. U. S. Atty., Alexandria, Va., on brief), for appellee.

Before BOREMAN, Senior Circuit Judge, WIDENER, Circuit Judge, and HADEN, District Judge.

WIDENER, Circuit Judge:

Wilbert Eugene Proffitt appeals from the district court's denial of his motion for relief under 28 U.S.C. § 2255 and the denial of his motion under F.R.Cr.P. 35 to correct an illegal sentence. We affirm in part, vacate in part, and remand to the district court for an evidentiary hearing as to one part of the case.

On March 22, 1971, in Cr.No. 22-71-A, Proffitt was found guilty of conspiring to rob the Dale City Branch of the American...

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