FRANKLIN v. UNITED STATES

No. 78-2490. Summary Calendar.

589 F.2d 192 (1979)

Joseph FRANKLIN, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 13, 1979.


Attorney(s) appearing for the Case

Joseph Franklin, pro se.

Barry E. Teague, U. S. Atty., James E. Wilson, Asst. U. S. Atty., Montgomery, Ala., for respondent-appellee.

Before GOLDBERG, AINSWORTH and HILL, Circuit Judges.


PER CURIAM:

Joseph Franklin pled guilty on November 10, 1975, to assault while committing bank robbery under 18 U.S.C. § 2113(d). No appeal was taken from his conviction on that plea, but on March 31, 1978, Franklin filed a motion pursuant to 28 U.S.C. § 2255 to vacate his fifteen year sentence. The government filed its ordered response to Franklin's motion on June 6, 1978, and the District Court thereafter found that Franklin is not entitled to relief on...

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