Court of Appeals for the Fifth Circuit May 24, 1965, 22565_1 (Orin D. Rowe v. United States)

PER CURIAM.

The appellant sought relief under 28 U.S.C.A. § 2255 from a mail fraud conviction. The district court denied relief. Merrill v. United States, 5th Cir. 1964, 838 F.2d 763, requires a reversal. The judgment of the district court is reversed and the cause is remanded, with directions to vacate and set aside the. judgment of conviction and sentence, and to dismiss the indictment.