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UNITED STATES v. JOHNSON

No. 79-6005.

612 F.2d 843 (1979)

UNITED STATES of America, Appellee, v. Allen Ray JOHNSON, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 28, 1979.

Attorney(s) appearing for the Case

James R. Acker, Durham, N. C. (Thomas F. Loflin, III, Loflin, Loflin, Galloway, Leary & Acker, Durham, N. C., on brief), and Brenton D. Adams, Raleigh, N. C., for appellant.

Jack B. Crawley, Jr., Asst. U. S. Atty., Raleigh, N. C. (George M. Anderson, U. S. Atty., Raleigh, N. C., on brief), for appellee.

Before BUTZNER, HALL, and PHILLIPS, Circuit Judges.

BUTZNER, Circuit Judge:

Allen Ray Johnson appeals the district court's denial of his motion under 28 U.S.C. § 2255 to set aside his federal sentence. Johnson was indicted in separate counts for three thefts of gasoline from an interstate pipeline system, tank, and storage facility in violation of 18 U.S.C. § 659. A jury found him guilty, and the court sentenced him to three consecutive prison terms of four years each and imposed a fine of $2500 for each...

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