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CARPENTER v. UNITED STATES

No. 8983.

319 F.2d 957 (1963)

Russell Wayne CARPENTER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fourth Circuit.

Decided June 14, 1963.

Attorney(s) appearing for the Case

Lewis D. Morris, Alexandria, Va. (court-assigned counsel), for appellant.

Plato Cacheris, First Asst. U. S. Atty. (C. V. Spratley, Jr., U. S. Atty., on brief), for appellee.

Before SOBELOFF, Chief Judge, and HAYNSWORTH and BOREMAN, Circuit Judges.

PER CURIAM.

This appellant filed a petition in the District Court under 28 U.S.C.A. § 2255, attacking the sentence of life imprisonment imposed on May 8, 1958, upon his conviction for kidnaping two persons and for transporting a stolen automobile. The appellant charged that his conviction was secured by the perjured testimony of one of the kidnaping victims, and that the prosecutor knowingly used such testimony.

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