STRATTON v. U.S.

No. 88-1162.

862 F.2d 7 (1988)

Richard Lowell STRATTON, Petitioner, Appellant, v. UNITED STATES of America, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided December 2, 1988.


Attorney(s) appearing for the Case

Richard Stratton, on brief, pro se.

Margaret D. McGaughey, Asst. U.S. Atty., and Richard S. Cohen, U.S. Atty., on brief, for appellee.

Before BOWNES, BREYER and TORRUELLA, Circuit Judges.


PER CURIAM.

Petitioner, claiming that he had unconstitutionally received consecutive sentences in violation of the double jeopardy clause on both a greater offense and a lesser included one, filed a § 2255 petition to vacate the lesser included sentence. The petition was denied without a hearing, 674 F.Supp. 42, and petitioner now appeals. We review the background.

Petitioner was first indicted in Maine. He was charged...

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