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UNITED STATES v. GARNETT

No. 80-1906.

653 F.2d 558 (1981)

UNITED STATES of America, v. Michael E. GARNETT, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided April 15, 1981.

Attorney(s) appearing for the Case

Daniel M. Schember, Ann Arbor, Mich. (appointed by this Court), for appellant.

Sylvia Royce, Asst. U. S. Atty., Washington, D. C., with whom Charles F. C. Ruff, U. S. Atty., John A. Terry and George J. Terwilliger, III, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee.

Before McGOWAN, Chief Judge, and ROBINSON, Circuit Judge, and PARKER, United States District Judge for the District of Columbia.

Opinion for the Court filed by Chief Judge McGOWAN.

McGOWAN, Chief Judge:

This is an appeal from the denial by the District Court of a motion to vacate sentence under 28 U.S.C. § 2255. It presents, in one view of the sentencing record, a question of law as to whether the Federal Probation Act, which forbids probation in the case of an offense punishable by death or life imprisonment, 18 U.S.C. § 3651, applies to a conviction in the District Court...

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