GARZA v. UNITED STATES

No. 75-2368.

530 F.2d 1208 (1976)

Albert GARZA, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 30, 1976.


Attorney(s) appearing for the Case

Albert Garza, pro se.

John Clark, U.S. Atty., San Antonio, Tex., William B. Hardie, Jr., El Paso, Tex., for respondent-appellee.

Before COLEMAN, AINSWORTH and SIMPSON, Circuit Judges.


ON PETITION FOR REHEARING

COLEMAN, Circuit Judge.

Heretofore, in an unpublished opinion dated October 16, 1975, we dismissed this appeal from the denial of 28 U.S.C. § 2255 relief because it was neither filed within sixty days from the filing of the judgment nor had there been an extension of time upon a showing of excusable neglect.

Garza, a prisoner at Leavenworth, has petitioned for rehearing, alleging...

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