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STEAD v. LINK

No. 75-1763.

540 F.2d 923 (1976)

Larry E. STEAD, Appellant, v. Kenneth M. LINK, U. S. Marshal, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 12, 1976.

Attorney(s) appearing for the Case

Daniel B. Hayes, Clayton, Mo., for appellant; Kenneth E. Reiter, Clayton, Mo., on brief.

Larry E. Stead, pro se.

Frank A. Bussmann, Asst. U. S. Atty., St. Louis, Mo., for appellee; Donald J. Stohr (former U. S. Atty., effective May 15th, Barry A. Short, U. S. Atty.), and Frank A. Bussmann, Asst. U. S. Atty., St. Louis, Mo., on brief.

Before BRIGHT, ROSS and STEPHENSON, Circuit Judges.

ROSS, Circuit Judge.

Larry Stead seeks to vacate the sentence imposed on him for attempted bank entry (18 U.S.C. § 2113(a)) on the grounds that the sentencing judge considered four unconstitutional state convictions in enhancing the sentence to its 20 year maximum. In presenting these claims below Stead denoted his pro se petition as a "Motion for Declaratory Judgment and Petition for Writ of Habeas Corpus." Judge Wangelin (E.D.Missouri) correctly treated his...

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