UNITED STATES v. COUNTS

No. 81-2133.

691 F.2d 348 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Roger Dale COUNTS, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 18, 1982.


Attorney(s) appearing for the Case

Marsha L. Johnson, Asst. U.S. Atty., James R. Burgess, Jr., U.S. Atty., East St. Louis, Ill., for defendant-appellant.

Robert C. Babione, Asst. Federal Public Defender, East St. Louis, Ill., for plaintiff-appellee.

Before CUMMINGS, Chief Judge, and PELL and BAUER, Circuit Judges.


PER CURIAM.

In this case we must determine whether the district court erred by summarily dismissing the appellant's section 2255 motion without making findings of fact and conclusions of law with respect to a double jeopardy claim asserted therein.

The appellant, Roger Counts, pled guilty to a violation of 21 U.S.C. § 841(a)(1) (distribution of a controlled substance) and was sentenced to a term of four years imprisonment and three years special parole...

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