OPINION and JUDGMENT
DALTON, District Judge (sitting by designation).
This cause comes before the Court upon a motion to vacate, set aside, or correct sentence, filed in forma pauperis by the petitioner, Robert Werner, pursuant to the provisions of 28 U.S.C. § 2255 (1959).
The material facts may be briefly stated as follows: In August of 1965 petitioner was sentenced by the Cumberland
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