Alton B. Locklear v. United States

Fourth Circuit

Alton B. Locklear v. United States

549 F.2d 313

CourtCourt of Appeals for the Fourth Circuit

DecidedMarch 2, 1976

Docket74-1600

StatusPublished

Cited by1 cases

This text of 549 F.2d 313 (Alton B. Locklear v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Alton B. Locklear v. United States, 549 F.2d 313 (4th Cir. 1976).

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PER CURIAM:

The denial of the motion of Alton B. Locklear under 28 U.S.C. § 2255 to vacate his sentence is vacated and remanded for reconsideration in the light of Stepheney v. United States, 516 F.2d 7 (4 Cir. 1975). Stepheney holds that in order to terminate further inquiry the district judge must be able to say, either from recollection or reconstruction, that had he known at the time of sentencing that the earlier convictions were invalid, he would have nevertheless imposed the same sentence.

VACATED AND REMANDED.

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PER CURIAM:

The denial of the motion of Alton B. Locklear under 28 U.S.C. § 2255 to vacate his sentence is vacated and remanded for reconsideration in the light of Stepheney v. United States, 516 F.2d 7 (4 Cir. 1975). Stepheney holds that in order to terminate further inquiry the district judge must be able to say, either from recollection or reconstruction, that had he known at the time of sentencing that the earlier convictions were invalid, he would have nevertheless imposed the same sentence.

VACATED AND REMANDED.

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