# Alton B. Locklear v. United States

> Court of Appeals for the Fourth Circuit · March 2, 1976 · 549 F.2d 313

URL: https://www.frixlaw.com/law-library/cases/9463483

## Case

- **Full name:** Alton B. LOCKLEAR, Appellant, v. UNITED STATES of America, Appellee
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** March 2, 1976
- **Citations:** 549 F.2d 313
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Haynsworth, Winter, Craven, Butzner, Russell, Field, Widener
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9463483

## Opinion text

PER CURIAM:
The 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.
VACATED AND REMANDED.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9463483. Public record. Not legal advice.