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LAUNIUS v. UNITED STATES

No. 77-2928.

575 F.2d 770 (1978)

Ronnie Lee LAUNIUS, Carroll Evan Sherrill, Paul Junior Ballard, Petitioners-Appellants, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

May 26, 1978.

Attorney(s) appearing for the Case

Paul Junior Ballard, in pro. per.

Richard W. Nichols, Asst. U. S. Atty., Sacramento, Cal., for respondent-appellee.

Before BROWNING and WALLACE, Circuit Judges, and RENFREW, District Judge.

PER CURIAM:

In 1974 appellants Launius, Sherrill and Ballard pleaded guilty to two counts of an information charging a single offense. They received consecutive sentences on the two counts exceeding the statutory maximum for the single offense charged in the information.1 Two years later appellants filed motions under 28 U.S.C. § 2255 challenging their sentences. The district court agreed that the information was multiplicious and...

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