Alton B. Locklear v. United States

Fourth Circuit

Alton B. Locklear v. United States

549 F.2d 313

Court of Appeals for the Fourth Circuit·Decided March 2, 1976·No. 74-1600·Published·Cited by 1 cases

Opinions

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.

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

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