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SAVILLE v. UNITED STATES

No. 75-1283.

524 F.2d 654 (1975)

Anthony G. SAVILLE, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, First Circuit.

Decided October 20, 1975.

Attorney(s) appearing for the Case

Edward F. Harrington, New Bedford, Mass., by appointment of the court, with whom Gargan, Harrington, Markham & Wall, Boston, Mass., was on brief, for petitioner-appellant.

William A. Brown, Asst. U. S. Atty., Chief, Civ. Div., with whom James N. Gabriel, U. S. Atty., Boston, Mass., was on brief, for respondent-appellee.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.

PER CURIAM.

After pleading guilty, appellant was sentenced on February 23, 1973, to three years' imprisonment upon two counts charging him with the possession and sale of counterfeit notes with intent to defraud, in violation of 18 U.S.C. § 472. The sentence was to be served consecutively with an eight year term imposed in a prior case.

Appellant thereafter moved to vacate the sentence under 28 U.S.C. § 2255, arguing that the sentencing court had...

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