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McGUIRE v. UNITED STATES

No. 17146.

289 F.2d 405 (1961)

David M. McGUIRE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

April 21, 1961.

Attorney(s) appearing for the Case

David M. McGuire, in pro. per.

Laughlin E. Waters, U. S. Atty., Thomas R. Sheridan, David Y. Smith, Asst. U. S. Attys., Los Angeles, Cal., for appellee.

Before BARNES, JERTBERG and MERRILL, Circuit Judges.

JERTBERG, Circuit Judge.

Appellant, a federal prisoner held in custody at the United States Penitentiary at McNeil Island, Steilacoom, Washington, appeals from an order of the United States District Court, Southern District of California, entered on May 17, 1960, denying without hearing appellant's motion, based on Title 28 U.S. C.A. § 2255, filed on May 9, 1960, to vacate and set aside the sentence imposed upon him by the same district court on the 15th day...

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