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UNITED STATES v. BENT

No. 13906.

175 F.2d 397 (1949)

UNITED STATES v. BENT et al.

United States Court of Appeals Eighth Circuit.

Rehearing Denied July 14, 1949.

Attorney(s) appearing for the Case

Harry F. Murphy, Assistant United States Attorney, Kansas City, Mo., for appellant.

John J. McFadden, Kansas City, Mo. (Ennis & McFadden, Kansas City, Mo., were with him on the brief), for appellees.

Before SANBORN, WOODROUGH, and JOHNSEN, Circuit Judges.

SANBORN, Circuit Judge.

The District Court, on December 3, 1948, upon the motion of Joseph F. Bent for the correction of a sentence imposed upon him July 10, 1946, for robbing a custodian of government funds, entered an order vacating that sentence and the sentence of Bent's codefendant William Amos Jones. The court concluded that the second count of the indictment, upon which the defendants (appellees) had been sentenced to imprisonment for 25 years, stated no federal...

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