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587 F.2d 798

Docket No. 78-2591

Wheat v. United States

Fifth Circuit Court of Appeals

Decided Jan. 15, 1979.

Rehearing and Rehearing En Banc Denied Feb. 6, 1979.

Fifth Circuit Court of Appeals · decided 1979-01-15

Cited by 2 later decisions — most recently February 1979

1 federal appellate ·

2 counsel of record

Applies 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

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1979-01-15

View the full empirical analysis of this case →

¶1Summary Calendar.*

¶2James LaFurn Wheat, pro se.

¶3Donald L. Beckner, U. S. Atty., James Stanley Lemelle, Asst. U. S. Atty., Baton Rouge, La., for respondent-appellee.

¶4Before CLARK, RONEY, and GEE, Circuit Judges:

¶6PER CURIAM:

¶7James LaFurn Wheat pled guilty to a three count indictment alleging that he had possessed a check stolen from the mail, that he forged the check, and that he uttered and published the check. He received a prison sentence totaling twenty-five years. He then filed a motion under 28 U.S.C. § 2255 to vacate his sentence, which the district court denied. Wheat appeals the denial of his motion, and we affirm.

¶8Wheat contends that the sentencing judge erred in relying on a false presen-tencing report that stated that Wheat had been arrested on sixty separate occasions prior to his conviction. He also asserts that he cannot be convicted of both forging and uttering a stolen check. He contends that the district court erred in failing to hold a hearing to resolve the factual issues underlying his § 2255 motion.

¶9We have examined each of Wheat’s assignments of error and find them to be without merit.

¶10AFFIRMED.

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