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MORLAND v. UNITED STATES

No. 4338.

193 F.2d 297 (1951)

MORLAND v. UNITED STATES.

United States Court of Appeals Tenth Circuit.

December 6, 1951.

Attorney(s) appearing for the Case

Kenneth H. Hiebsch, Wichita, Kan., for appellant.

Lester Luther, U. S. Atty., Topeka, Kan. (Eugene W. Davis, Asst. U. S. Atty., and Malcolm Miller, Asst. U. S. Atty., Topeka, Kan., were with him on the brief), for appellee.

Before PHILLIPS, Chief Judge and BRATTON and PICKETT, Circuit Judges.

PHILLIPS, Chief Judge.

This is an appeal from an order denying a motion to vacate a judgment and sentence, filed by Morland under 28 U.S.C.A. § 2255.

On October 4, 1946, an indictment was returned in the United States District Court for the District of Kansas, which contained two counts charging violations of 18 U.S.C.A. § 73 (now 18 U.S.C.A. § 495). Morland was not immediately apprehended. In January...

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