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ROSINSKI v. UNITED STATES

No. 71-2005.

459 F.2d 59 (1972)

John M. ROSINSKI, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

May 5, 1972.

Attorney(s) appearing for the Case

James C. Bonner, Jr., Decatur, Ga., on brief, for petitioner-appellant.

Ralph B. Guy, Jr., U. S. Atty., Michael D. Gladstone, Asst. U. S. Atty., Detroit, Mich., on brief, for respondent-appellee.

Before PHILLIPS, Chief Judge, CELEBREZZE, Circuit Judge, and McALLISTER, Senior Circuit Judge.

PER CURIAM.

Rosinski filed this action pursuant to 28 U.S.C. § 2255 to vacate his sentence under an armed robbery conviction on the ground that he was deprived of the effective assistance of counsel during the period between sentencing and the expiration of time for filing a notice of appeal. His petition was denied by the District Court. We reverse.

Rosinski was represented in the original criminal case by retained counsel. Following conviction, he was...

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