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UNITED STATES v. MOORE

No. 9475.

166 F.2d 102 (1948)

UNITED STATES v. MOORE.

Circuit Court of Appeals, Seventh Circuit.

February 27, 1948.

Attorney(s) appearing for the Case

Lloyd Middleton, of East St. Louis, Ill., for appellant.

William W. Hart, U. S. Atty., and Ernest R. McHale, Asst. U. S. Atty., both of East St. Louis, Ill., and Ray M. Foreman, Asst. U. S. Atty., of Danville, Ill., for appellee.

Before MAJOR and MINTON, Circuit Judges, and LINDLEY, District Judge.

LINDLEY, District Judge.

The defendant, John Moore, alias Robert McGhee, was indicted in the District Court, May 10, 1928, for violation of the Dyer Act, 18 U.S.C.A. § 408. On May 22, 1928, upon arraignment, he entered a plea of guilty and was sentenced to the penitentiary for a term of two years. That sentence has been served and the defendant discharged from custody many years ago.

In 1946, he filed in the District Court, a petition to vacate and set...

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