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SMITH v. UNITED STATES

No. 77-1827 Summary Calendar.

565 F.2d 378 (1978)

Douglas Lutry SMITH, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 4, 1978.

Attorney(s) appearing for the Case

Douglas Lutry Smith, pro se.

Denver L. Rampey, Jr., U. S. Atty., Joseph M. Lawless, Asst. U. S. Atty., Macon, Ga., for respondent-appellee.

Before THORNBERRY, RONEY and HILL, Circuit Judges.

PER CURIAM:

Petitioner appeals from denial of a motion to vacate his sentence, arguing that he was entitled to an evidentiary hearing to prove that certain information as to prior convictions and arrests on his FBI rap sheet was false, information he alleges to have been used in his sentencing.

According to the order of denial, the district court did not have the FBI rap sheet before it, so that the premise upon which...

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