HERRON v. UNITED STATES

No. 76-4208 Summary Calendar.

551 F.2d 62 (1977)

Thompson Gordon HERRON, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 22, 1977.


Attorney(s) appearing for the Case

William C. Erbecker, Indianapolis, Ind., for petitioner-appellant.

Ira DeMent, U. S. Atty., D. Broward Segrest, Asst. U. S. Atty., Montgomery, Ala., for respondent-appellee.

Before GOLDBERG, CLARK and FAY, Circuit Judges.


PER CURIAM:

The district court denied the motion to vacate sentence pursuant to 28 U.S.C. § 2255 filed by Herron, a federal prisoner. We affirm.

Appellant represented by counsel, was sentenced on December 6, 1974, to a five year term of imprisonment and a $10,000 fine for the use of a fraudulently obtained credit card in violation of 18 U.S.C. § 2314. In his § 2255 motion, he contends that the maximum sentence was imposed because the court erroneously...

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