HARDY v. UNITED STATES

No. 81-1829.

691 F.2d 39 (1982)

Clarence HARDY, Petitioner, Appellant, v. UNITED STATES of America, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided September 29, 1982.


Attorney(s) appearing for the Case

Clarence Hardy, pro se.

William F. Weld, U. S. Atty., and John W. Laymon, Asst. U. S. Atty., Boston, Mass., on brief, for respondent, appellee.

Before CAMPBELL, BOWNES and BREYER, Circuit Judges.


BREYER, Circuit Judge.

This appeal is brought from a denial of a petition to vacate sentence and conviction under 28 U.S.C. § 2255.

Appellant was convicted in 1972 on various charges related to distribution of heroin. He was sentenced to two consecutive twenty-year terms. First offenders under the applicable statute (21 U.S.C. § 841) face a maximum term of fifteen years on each count. The sentence here derived from the existence of a prior offense...

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