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EKBERG v. UNITED STATES

No. 4314.

167 F.2d 380 (1948)

EKBERG v. UNITED STATES.

Circuit Court of Appeals, First Circuit.

March 25, 1948.

Attorney(s) appearing for the Case

John O. Parker, of Boston, Mass. (Charles W. Bartlett, of Boston, Mass., on the brief), for appellant.

Philip F. Herrick, of San Juan, P. R., U. S. Atty. (Francisco Ponsa Feliu, of San Juan, P. R., Asst. U. S. Atty., on the brief), for appellee.

Before MAGRUDER, MAHONEY and WOODBURY, Circuit Judges.

MAGRUDER, Circuit Judge.

This is an appeal from an order denying a motion under Rule 35, Federal Rules of Criminal Procedure, 18 U.S.C.A. following section 687, for correction of an allegedly illegal sentence.

On April 22, 1942, an indictment was filed in the United States District Court for Puerto Rico charging appellant Ekberg with violation of § 32 of the Criminal Code, 18 U.S.C.A. § 76, which reads as...

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