ARTHUR WILLIAMS, PETITIONER-APPELLANT,
v.
UNITED STATES OF AMERICA, RESPONDENT-APPELLEE

5th Cir. | 1971-07-14
No. 71-2247
445 F.2d 1023 Court of Appeals for the Fifth Circuit (1971) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM:

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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