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POOLE v. UNITED STATES

No. 20512.

438 F.2d 325 (1971)

David Conley POOLE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

March 2, 1971.

Attorney(s) appearing for the Case

David Conley Poole, pro se.

Harold O. Bullis, U. S. Atty., Fargo, N. D., and Gary Annear, Asst. U. S. Atty., Fargo, N. D., on brief for appellee.

Before GIBSON and BRIGHT, Circuit Judges, and McMANUS, Chief District Judge.

McMANUS, Chief District Judge.

David Conley Poole appeals from the order of Chief Judge Register denying without hearing his 28 U.S.C. § 2255 motion to vacate sentence. Poole's contentions are (1) he was denied the Sixth Amendment right to assistance of counsel in that his court appointed counsel failed to subpoena co-defendant Richard Curtis Apgar to testify and, (2) the District Court erred in denying him a full evidentiary hearing. We affirm.

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