Arthur Williams v. United States

445 F.2d 1023, 1971 U.S. App. LEXIS 8943

Opinion

PER CURIAM:

The application for leave to appeal in forma pawperis is granted. The final order of the district court denying relief under 28. U.S.C. § 2255 is reversed in part. The case is remanded with directions to vacate the sentence of the appellant, and to resentence him as a first offender within the limits provided by 26 U.S.C. § 2557(b) (1), which was in effect when the appellant was convicted. Munoz Perez v. United States, 5th Cir. 1971, 445 F.2d 791. In all other respects the judgment below is affirmed. The mandate of this Court will issue forthwith.

Affirmed in part, reversed in part, and remanded, with directions.