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SPEARS v. UNITED STATES

No. CIV-2-74-24.

392 F.Supp. 1080 (1974)

James Howard SPEARS, Movant, v. UNITED STATES of America, Respondent.

United States District Court, E. D. Tennessee, Northeastern Division.

March 14, 1974.

Attorney(s) appearing for the Case

James Howard Spears, pro se.

John L. Bowers, Jr., U. S. Atty., by W. Thomas Dillard, Asst. U. S. Atty., Knoxville, Tenn., for respondent.

MEMORANDUM OPINION

NEESE, District Judge.

The movant Mr. James Howard Spears is in custody under sentences of this Court in United States of America, plaintiff, v. James Howard Spears, defendant criminal action no. 6986, this district and division. In a pro se motion, he claims that the sentences were in excess of the maximum authorized by law. 28 U.S.C. sec. 2255. There is merit to such claim.

In the aforenumbered criminal action, Mr. Spears...

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