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THOMAS v. UNITED STATES

No. 72-1371.

460 F.2d 1222 (1972)

Henry THOMAS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

May 18, 1972.

Attorney(s) appearing for the Case

Henry Thomas pro se.

Gerald J. Gallinghouse, U. S. Atty., Patrick C. McGinity, Mary Cazalas, Asst. U. S. Attys., New Orleans, La., for respondent-appellee.

Before BELL, DYER and CLARK, Circuit Judges.

PER CURIAM:

The district court denied Thomas' motion pursuant to 28 U.S.C.A. § 2255 to vacate sentence. We vacate and remand.1

On March 26, 1951, Thomas was convicted of obtaining marihuana without paying the transfer tax in violation of 26 U.S.C.A. § 2593(a), now 26 U.S.C.A. § 4744(a). On January 27, 1966, he was convicted of selling narcotics not in or from the original stamped package and without a written order...

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