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UNITED STATES v. SUTTON

Nos. 81-3384, 81-3743.

700 F.2d 1078 (1983)

UNITED STATES of America, Plaintiff-Appellee (81-3384), Respondent (81-3743), v. Carl SUTTON, Jr., Defendant-Appellant (81-3384), Petitioner (81-3743).

United States Court of Appeals, Sixth Circuit.

Decided March 1, 1983.

Attorney(s) appearing for the Case

Eugene D. Smith, Cincinnati, Ohio, for Carl Sutton, Jr.

Terry W. Lehmann, Asst. U.S. Atty., Cincinnati, Ohio, for United States.

Before EDWARDS, Chief Circuit Judge, MARTIN, Circuit Judge, and CELEBREZZE, Senior Circuit Judge.

BOYCE F. MARTIN, Jr., Circuit Judge.

This appeal consolidates two post-judgment claims for relief. Sutton appeals from the district court's denial of his motion to correct an illegal sentence, pursuant to Rule 35 of the Federal Rules of Criminal Procedure. He also appeals from the court's denial of habeas corpus relief pursuant to 28 U.S.C. § 2255.

Sutton was convicted by a jury in the United States District Court for the Southern District of Ohio of...

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