Dejong v. United States

Fifth Circuit Court of Appeals

Decided March 6, 1972.

Fifth Circuit Court of Appeals · decided 1972-03-06

2 counsel of record

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

Relies on United States v. Bredy

Opinion by (per_curiam) · Decided 1972-03-06

¶1R. Jackson B. Smith, Jr., U. S. Atty., S. D. of Georgia, Henry L. Whisenhunt, Jr., William T. Morton, Asst. U. S. Attys., for respondent-appellant.

¶2O. Torbitt Ivey, Jr., Augusta, Ga., for petitioner-appellee.

¶3Before JOHN R. BROWN, Chief Judge, and INGRAHAM and RONEY, Circuit Judges.

¶4 *1383PER CURIAM:

¶5Normally this case would have to be reversed because of the apparent lack of a sufficient record to support the action of the district court. However, under the particular circumstances of this ease, which have little chance of reoccurring, and being mindful of the broad purpose of 28 U.S.C. § 2255, we believe that the overall ends of justice require us to affirm.

¶6Affirmed.