Reginald Cochran v. United States

Fifth Circuit

Reginald Cochran v. United States

567 F.2d 1288, 1978 U.S. App. LEXIS 12607

CourtCourt of Appeals for the Fifth Circuit

DecidedFebruary 15, 1978

Docket77-2187

StatusPublished

Cited by2 cases

This text of 567 F.2d 1288 (Reginald Cochran v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Reginald Cochran v. United States, 567 F.2d 1288, 1978 U.S. App. LEXIS 12607 (5th Cir. 1978).

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Opinion

PER CURIAM:

This appeal is taken from an order of the district court denying the motion of a federal prisoner to vacate his sentence, filed pursuant to 28 U.S.C.A. § 2255. We affirm.

In his § 2255 motion, the appellant argued that because he received a greater sentence than his two codefendants, the trial court must have relied on prior invalid convictions in determining his sentence. The district court, in denying relief, certified that the sentence was not enhanced by the existence of the allegedly invalid prior convictions. There is nothing in the record with which to challenge the correctness of the certificate. In light of this certification, the appellant is not entitled to relief. Rogers v. United States, 466 F.2d 513 (5th Cir.), cert. denied, 409 U.S. 1046, 93 S.Ct. 546, 34 L.Ed.2d 498 (1972). See also, Jerkins v. United States, 530 F.2d 1203 (5th Cir. 1976).

AFFIRMED.

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PER CURIAM:

This appeal is taken from an order of the district court denying the motion of a federal prisoner to vacate his sentence, filed pursuant to 28 U.S.C.A. § 2255. We affirm.

In his § 2255 motion, the appellant argued that because he received a greater sentence than his two codefendants, the trial court must have relied on prior invalid convictions in determining his sentence. The district court, in denying relief, certified that the sentence was not enhanced by the existence of the allegedly invalid prior convictions. There is nothing in the record with which to challenge the correctness of the certificate. In light of this certification, the appellant is not entitled to relief. Rogers v. United States, 466 F.2d 513 (5th Cir.), cert. denied, 409 U.S. 1046, 93 S.Ct. 546, 34 L.Ed.2d 498 (1972). See also, Jerkins v. United States, 530 F.2d 1203 (5th Cir. 1976).

AFFIRMED.

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567 F.2d 1288, 1978 U.S. App. LEXIS 12607, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reginald-cochran-v-united-states-ca5-1978.

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