U.S. Court of Appeals for the Fifth Circuit, 1971

Arthur Williams v. United States

U.S. Court of Appeals for the Fifth Circuit · Decided July 14, 1971 · Gewin, Goldberg, Dyer

445 F.2d 1023; 1971 U.S. App. LEXIS 8943 (Federal Reporter, Second Series)

Counsel

Arthur Williams, pro se., Seagal V. Wheatley, U. S. Atty., San Antonio, Tex., for appellee.

Cases that cite this one

1 later published case cites this decision.

Ysidoro Cruz Guerra v. United States (5th Cir. 1971)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

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