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249 F.2d 95

Docket No. 7476.

Marlette v. United States

Fourth Circuit Court of Appeals

Argued Oct. 7, 1957.

Decided Oct. 18, 1957.

Fourth Circuit Court of Appeals · decided 1957-10-18

Cited by 3 later decisions — most recently April 1959

3 federal appellate ·

2 counsel of record

Applies 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Neely v. United States · Hamilton v. United States · Marlette v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1957-10-18

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¶1Clay Marlette, pro se.

¶2Robert L. Gavin, Asst. U. S. Atty., Greensboro, N. C. (Edwin M. Stanley, U. S. Atty., and H. Vernon Hart, Asst. U. S. Atty., Greensboro, N. C., on the brief), for appellee.

¶3Before PARKER, Chief Judge, and SOPER and HAYNSWORTH, Circuit Judges.

¶4PER CURIAM.

¶5This is another appeal from the denial of a motion under 28 U.S.C. § 2255 to set aside a sentence of imprisonment by the same prisoner who brought the appeal in Marlette v. United States, 4 Cir., *96237 F.2d 228. The point here presented is the same as that presented by the former appeal and nothing need be added to what was there said. There is nothing uncertain about the sentence, as argued by appellant; and, as we pointed out in our opinion in the former appeal, a general sentence of ten years would be upheld, where there was a plea of guilty to four counts of an indictment, each of which warranted a five year sentence, or a total of twenty years for the four counts. See, also, Hamilton v. United States, 4 Cir., 204 F.2d 927, 928; Neely v. United States, 4 Cir., 2 F.2d 849.

¶6Affirmed.

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