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RISKEN v. UNITED STATES

No. 14524.

197 F.2d 959 (1952)

RISKEN v. UNITED STATES.

United States Court of Appeals Eighth Circuit.

Rehearing Denied August 28, 1952.

Attorney(s) appearing for the Case

Louis Kenneth Risken, appellant, pro se.

C. U. Landrum, U. S. Atty., and Ronald E. Hachey, Asst. U. S. Atty., both of St. Paul, Minn., for appellee, United States of America.

Before GARDNER, Chief Judge, and THOMAS and JOHNSEN, Circuit Judges.

THOMAS, Circuit Judge.

This is an appeal from an order of the district court denying a motion by appellant to vacate a judgment committing him to the custody of the Attorney General for imprisonment for four years on count one and three years on count two of an indictment, the sentences to run consecutively.

The motion alleged as grounds for the relief demanded:

"1. That the Indictment lacks essential elements necessary to sustain a valid sentence...

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