BUSTILLO v. UNITED STATES

No. 78-1153 Summary Calendar.

573 F.2d 368 (1978)

Fernando Perez BUSTILLO, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied July 5, 1978.


Attorney(s) appearing for the Case

Fernando Bustillo, pro se.

J. A. Canales, U. S. Atty., Anna E. Stool, James R. Gough, Asst. U. S. Attys., Houston, Tex., for respondent-appellee.

Before BROWN, Chief Judge, COLEMAN and VANCE, Circuit Judges.


Rehearing and Rehearing En Banc Denied July 5, 1978.

PER CURIAM.

Fernando Bustillo appeals from a judgment of the district court dismissing his motion to vacate sentence, 28 U.S.C. § 2255. We affirm. Assuming that the court reporter's notes of the sentencing proceedings of July 17, 1967, are available, and further assuming that the notes would show that the sentencing judge did not make an explicit finding whether appellant would benefit from treatment...

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