James Lafurn Wheat v. United States

587 F.2d 798, 1979 U.S. App. LEXIS 17621

• Court: Court of Appeals for the Fifth Circuit
• Decided: January 15, 1979
• Docket: 78-2591
• Status: Published

Opinion

PER CURIAM:

James LaFurn Wheat pled guilty to a three count indictment alleging that he had possessed a check stolen from the mail, that he forged the check, and that he uttered and published the check. He received a prison sentence totaling twenty-five years. He then filed a motion under 28 U.S.C. § 2255 to vacate his sentence, which the district court denied. Wheat appeals the denial of his motion, and we affirm.

Wheat contends that the sentencing judge erred in relying on a false presen-tencing report that stated that Wheat had been arrested on sixty separate occasions prior to his conviction. He also asserts that he cannot be convicted of both forging and uttering a stolen check. He contends that the district court erred in failing to hold a hearing to resolve the factual issues underlying his § 2255 motion.

We have examined each of Wheat’s assignments of error and find them to be without merit.

AFFIRMED.