GIBSON v. UNITED STATES

No. 77-2772.

575 F.2d 556 (1978)

Ulysses GIBSON, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

June 22, 1978.


Attorney(s) appearing for the Case

Ulysses Gibson, pro se.

Champ Lyons, Jr. (court-appointed), Mobile, Ala., for petitioner-appellant.

J. R. Brooks, U. S. Atty., Dayle E. Powell, Asst. U. S. Atty., Birmingham, Ala., for respondent-appellee.

Before GEWIN, GODBOLD and MORGAN, Circuit Judges.


GEWIN, Circuit Judge:

Gibson appeals from the denial of his petition seeking to vacate his five year sentence for breaking and entering a postal facility. Relief is claimed on the grounds that at trial the prosecution used prior counselless convictions to impeach his testimony. In the circumstances presented by this appeal we find that the improper use of these convictions constitutes harmless error and therefore affirm the decision of the lower court.

Gibson...

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