PHILLIPS, Circuit Judge.
This is an appeal from an order denying an application for a writ of habeas corpus.
Petitioner was convicted and sentenced upon an indictment containing two counts. The first count charged a conspiracy to commit an offense against the United States, to-wit: To violate 18 U.S.C.A. § 262. The second count charged a violation of section 262, supra.
Section 262 reads as follows:
"Whoever, with intent to defraud, shall...
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