Walter Mack v. United States

Fifth Circuit

Walter Mack v. United States

346 F.2d 159, 1965 U.S. App. LEXIS 5473

Court of Appeals for the Fifth Circuit·Decided May 24, 1965·No. 22515_1·Published

Opinion

PER CURIAM.

The appellant sought relief under 28 U.S.C.A. § 2255 from a mail fraud conviction. The district court denied relief. Merrill v. United States, 5th Cir. 1964, 338 F.2d 763, requires a reversal. The judgment of the district court is reversed and the cause is remanded, with directions to vacate and set aside the judgment of conviction and sentence, and to dismiss the indictment.

Reversed and remanded.

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PER CURIAM.

The appellant sought relief under 28 U.S.C.A. § 2255 from a mail fraud conviction. The district court denied relief. Merrill v. United States, 5th Cir. 1964, 338 F.2d 763, requires a reversal. The judgment of the district court is reversed and the cause is remanded, with directions to vacate and set aside the judgment of conviction and sentence, and to dismiss the indictment.

Reversed and remanded.

Walter Mack v. United States, 346 F.2d 159, 1965 U.S. App. LEXIS 5473 (5th Cir. 1965).

Pincite

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Opinion

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