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549 F.2d 313

Docket No. 74-1600.

Locklear v. United States

Fourth Circuit Court of Appeals

Argued Nov. 11, 1975.

Decided March 2, 1976.

Fourth Circuit Court of Appeals · decided 1976-03-02

Cited by 1 later decisions — most recently March 1976

1 federal appellate ·

2 counsel of record

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

Relies on Brown v. United States · Stepheney v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1976-03-02

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¶1T. J. Markow, Richmond, Va. [Court-appointed] (Shaia, Stout & Markow, Richmond, Va., on brief), for appellant.

¶2Christine A. Witcover, Asst. U. S. Atty., Raleigh, N. C. (Thomas P. McNamara, U. S. Atty., Raleigh, N. C., on brief), for appellee.

¶3Before HAYNSWORTH, Chief Judge, and WINTER, CRAVEN, BUTZNER, RUSSELL, FIELD and WIDENER, Circuit Judges, sitting in banc.

¶4PER CURIAM:

¶5The denial of the motion of Alton B. Locklear under 28 U.S.C. § 2255 to vacate his sentence is vacated and remanded for reconsideration in the light of Stepheney v. United States, 516 F.2d 7 (4 Cir. 1975). Stepheney holds that in order to terminate further inquiry the district judge must be able to say, either from recollection or reconstruction, that had he known at the time of sentencing that the earlier convictions were invalid, he would have nevertheless imposed the same sentence.

¶6VACATED AND REMANDED.

¶7DONALD RUSSELL, FIELD and WIDENER, Circuit Judges,

¶8dissenting:

¶9The district judge acted upon Locklear’s motion during the interim between our decisions in Brown v. United States, 483 F.2d 116 (1973), and Stepheney, supra.To us, the record discloses faithful adherence to the precepts of Brown and we would affirm.

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