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COHEN v. UNITED STATES

No. 20426.

366 F.2d 363 (1966)

Thomas T. COHEN, Appellant, v. UNITED STATES of America Appellee.

United States Court of Appeals Ninth Circuit.

September 8, 1966.

Attorney(s) appearing for the Case

Sheldon Green, Phoenix, Ariz., for appellant.

Wm. P. Copple, U. S. Atty., Jo Ann Dunne, Sp. Asst. U. S. Atty., Phoenix, Ariz., for appellee.

Before CHAMBERS, BARNES and BROWNING, Circuit Judges.

BARNES, Circuit Judge:

Appellant was indicted on February 27, 1963 in the United States District Court for the District of Arizona (No. C-16545) on twelve counts of mail fraud, and one count of using a fictitious name to defraud (18 U.S.C. §§ 1341, 1342).

On July 28, 1964, an order (erroneously stamped "Filed, July 28, 1965") was made in the said court in which the following findings were made:

"1. That the defendant was in the custody of...

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