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BANKS v. UNITED STATES

No. 76-1499.

553 F.2d 37 (1977)

Gary Kale BANKS, Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 13, 1977.

Attorney(s) appearing for the Case

John M. Fitzgibbons, Asst. U. S. Atty., Des Moines, Iowa, for appellant; Allen L. Donielson, U. S. Atty., Des Moines, Iowa, on brief.

William L. Kutmus, Des Moines, Iowa, for appellee.

Before VAN OOSTERHOUT, Senior Circuit Judge, and BRIGHT and WEBSTER, Circuit Judges.

WEBSTER, Circuit Judge.

The United States appeals from an order of the District Court granting Gary Kale Banks' § 2255 motion. The District Court found that it had made a critical error in sentencing Banks, and so had jurisdiction under § 2255 to modify his sentence. See Kortness v. United States, 514 F.2d 167 (8th Cir. 1975). We conclude that the District Court did not have...

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