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549 F.2d 313
Alton B. LOCKLEAR, Appellant,
v.
UNITED STATES of America, Appellee.No. 74-1600.
United States Court of Appeals,
Fourth Circuit.Argued Nov. 11, 1975.
Decided March 2, 1976.T. J. Markow, Richmond, Va. (Court-appointed) (Shaia, Stout & Markow, Richmond, Va., on brief), for appellant.
Christine A. Witcover, Asst. U. S. Atty., Raleigh, N. C. (Thomas P. McNamara, U. S. Atty., Raleigh, N. C., on brief), for appellee.
Before HAYNSWORTH, Chief Judge, and WINTER, CRAVEN, BUTZNER, RUSSELL, FIELD and WIDENER, Circuit Judges, sitting in banc.
PER CURIAM:
1The 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.
2VACATED AND REMANDED.
3DONALD RUSSELL, FIELD and WIDENER, Circuit Judges, dissenting:
4The 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.
Document Info
Docket Number: 74-1600
Citation Numbers: 549 F.2d 313
Judges: Butzner, Craven, Field, Haynsworth, Per Curiam, Russell, Widener, Winter
Filed Date: 3/2/1976
Precedential Status: Precedential
Modified Date: 8/4/2023