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CHERRIE v. UNITED STATES

No. 4095.

184 F.2d 384 (1950)

CHERRIE v. UNITED STATES.

United States Court of Appeals Tenth Circuit.

July 31, 1950.

Attorney(s) appearing for the Case

Walter B. Phelan, Cheyenne, Wyo., for appellant.

John S. Miller, Asst. U. S. Atty., Cheyenne, Wyo., (J. J. Hickey, U. S. Atty., Rawlins, Wyo., on the brief), for the United States.

Before PHILLIPS, Chief Judge, and MURRAH, Circuit Judge.

PHILLIPS, Chief Judge.

This is an appeal from an order denying a motion to vacate a judgment filed under 28 U.S.C.A. § 2255. The matter was here on a prior appeal, Cherrie v. United States, 10 Cir., 179 F.2d 94. We there held that the files and records in the case did not conclusively show that Cherrie was not entitled to any relief and reversed and remanded the matter with directions to grant him a hearing.

At the hearing...

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