Opinion
No. 8251.
Argued March 28, 1961.
Decided March 30, 1961.
Appeal from the United States District Court for the Eastern District of North Carolina, at Fayetteville; Algernon L. Butler, Judge.
Russell Alton Wright, Richmond, Va., (Court-assigned counsel), for appellant.
Harold T. Dodge, Asst. U.S. Atty., Burlington, N.C., (Julian T. Gaskill, U.S. Atty., Raleigh, N.C., and Rossie G. Gardner, Asst. U.S. Atty., Winston-Salem, N.C., on brief), for appellee.
Before SOPER and HAYNSWORTH, Circuit Judges, and LEWIS, District Judge.
Denial of this motion to vacate a sentence as illegally imposed is affirmed for the reasons given in the opinion of the District Judge, where the facts are fully set forth. United States v. Ayscue, D.C.E.D.N.C. 187 F. Supp. 946. See, also, Gardner v. United States, 5 Cir., 274 F.2d 380.
Affirmed.