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UNITED STATES v. NELMS

Crim. A. No. 6081, Civ. A. No. 1092.

190 F.Supp. 677 (1960)

UNITED STATES of America, Plaintiff, v. Herman Edward NELMS, Defendant.

United States District Court W. D. Virginia at Roanoke.

September 23, 1960.

Attorney(s) appearing for the Case

Herman Edward Nelms, pro se.

H. Clyde Pearson, Asst. U. S. Atty., Roanoke, Va., for U. S.

TED DALTON, Chief Judge.

The defendant on July 1, 1960, moved this Court to vacate or correct an illegal sentence under Federal Rules of Criminal Procedure 35, 18 U.S.C.A., and 28 U.S.C. § 2255, at which time the Court ordered that the defendant be allowed to prosecute said motion in forma pauperis. With the filing of responsive briefs by both the movant and the United States Attorney, this motion is now before the Court for decision.

Upon the...

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