PER CURIAM.
This cause has been considered on the record and on the respective briefs of appellant and appellee; and it appearing that appellant, on August 31, 1948, filed a motion to vacate a sentence of sixty-five years imprisonment imposed upon him on May 14, 1938, by District Judge Moinet, now retired, such sentence having been clearly unlawful and erroneous for the reasons stated in Simunov v. United States, 6 Cir.,
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