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STACKS v. UNITED STATES

No. 13262.

194 F.2d 1009 (1952)

STACKS v. UNITED STATES.

United States Court of Appeals Fifth Circuit.

March 13, 1952.

Attorney(s) appearing for the Case

No counsel entered for appellant.

Noel H. Malone, U. S. Atty., Aberdeen, Miss., Chester L. Sumners, U. S. Atty., Oxford, Miss., for appellee.

Before HOLMES, BORAH, and RUSSELL, Circuit Judges.

HOLMES, Circuit Judge.

On August 23, 1948, the appellant, charged with violations of sections 408 and 753h, Title 18, U.S.Code,1 consented to prosecution by information instead of by indictment, waived his right to counsel, plead guilty to all charges, and was sentenced to a total term of five years imprisonment. On March 29, 1950, appellant filed a motion to vacate the sentence under Section 2255, Title 28, U.S.Code, on the ground that...

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