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POWELL v. UNITED STATES

No. 12539.

174 F.2d 470 (1949)

POWELL v. UNITED STATES.

United States Court of Appeals Fifth Circuit.

May 13, 1949.

Attorney(s) appearing for the Case

No appearance for appellant.

Frank B. Potter, U.S. Atty., Fort Worth, Texas, Clyde G. Hood, Asst. U.S. Atty., Dallas, Texas, for appellee.

Before HUTCHESON, SIBLEY, and HOLMES, Circuit Judges.

PER CURIAM.

Applying to the court, which had sentenced him on January 21, 1947, upon his plea of guilty, to serve three years in the federal penitentiary, petitioner sought a vacation of the judgment.

Claiming that he was denied assistance of counsel and that the record spoke falsely in stating that the defendant had pleaded guilty, petitioner insists that he was denied due process.

The record shows affirmatively...

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