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567 F.2d 628

Docket No. 77-2245

Grice v. United States

Fifth Circuit Court of Appeals

Decided Feb. 8, 1978.

Fifth Circuit Court of Appeals · decided 1978-02-08

Cited by 1 later decisions — most recently February 1978

1 federal appellate ·

2 counsel of record

Applies 18 U.S.C. § 371 · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York · United States v. Scott · United States v. Parr

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1978-02-08

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¶1Summary Calendar.*

¶2Stephen A. Kermish, Atlanta, Ga., for petitioner-appellant.

¶3D. Broward Segrest, David L. Allred, Asst. U. S. Attys., Montgomery, Ala., for respondent-appellee.

¶4Before MORGAN, CLARK and TJOF-LAT, Circuit Judges.

¶6PER CURIAM:

¶7In this appeal from the denial of a section 2255 1 motion to vacate sentence, petitioner contends that the district court lacked authority, in sentencing petitioner after conviction of multiple counts,2 to impose concurrent prison sentences and cumulative fines (which, in total, exceeded the fine that could have been imposed on any given count.) While this court has not previously been called upon to consider the propriety of such sentencing, we have expressly noted its practice in this circuit, see United States v. Scott, 555 F.2d 522, 525 n. 1 (5th Cir.) cert, denied,-U.S.-, 98 S.Ct. 610, 54 L.Ed.2d 478 (1977); United States v. Parr, 509 F.2d 1381, 1383 (5th Cir. 1975) and we fail to perceive its claimed statutory or constitutional invalidity in a case such as this one. Finding petitioner’s remaining contentions to be meritless, we affirm the judgment of the district court.

¶8AFFIRMED.

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