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PAYNE v. UNITED STATES

No. 76-2378. Summary Calendar.

539 F.2d 443 (1976)

Richard William PAYNE, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 19, 1976.

Attorney(s) appearing for the Case

Richard William Payne, pro se.

Michael P. Carnes, U. S. Atty., Gerhard Kleinschmidt, Asst. U. S. Atty., Fort Worth, Tex., for respondent-appellee.

Before GEE, TJOFLAT and HILL, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 19, 1976.

PER CURIAM:

In the district court the appellant challenged the action of the United States Board of Parole in denying him parole. He also claimed that the sentencing court considered erroneous FBI records in determining sentence. The district court denied relief and we affirm.

While appellant was serving a three year sentence for tax fraud, he was convicted on nine (9) counts of mail fraud. On...

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