James Lafurn Wheat v. United States

U.S. Court of Appeals for the Fifth Circuit
James Lafurn Wheat v. United States, 587 F.2d 798 (5th Cir. 1979)
1979 U.S. App. LEXIS 17621

James Lafurn Wheat v. United States

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.

Reference

Full Case Name
James LaFurn WHEAT, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee
Cited By
1 case
Status
Published