GREGORY v. UNITED STATES

No. 30953.

446 F.2d 498 (1971)

Cleo GREGORY, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 13, 1971.


Attorney(s) appearing for the Case

Cleo Gregory, pro se, James C. Bonner, Jr., Legal Asst. of Inmates Program, Atlanta, Ga., for petitioner-appellant.

John W. Stokes, Jr., U. S. Atty., Atlanta, Ga., Richard H. Still, Jr., E. Ray Taylor, Jr., Asst. U. S. Attys., for respondent-appellee.

Before GEWIN, BELL and MORGAN, Circuit Judges.


LEWIS R. MORGAN, Circuit Judge:

Cleo Gregory, a federal prisoner serving time in the Atlanta Penitentiary, petitioned the district court for a writ of habeas corpus on the ground that he was denied a direct appeal of his 1953 criminal conviction. The court entered an order dismissing the petition and this appeal followed. We reverse and remand for resentencing so that petitioner may perfect a timely direct appeal.

While confined in federal prison for another...

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