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DUFFEL v. UNITED STATES

No. 12338.

221 F.2d 523 (1954)

Robert T. DUFFEL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 2, 1954.

Attorney(s) appearing for the Case

Mr. Edward J. Skeens, Washington, D. C., for appellant.

Mr. Samuel J. L'Hommedieu, Jr., Asst. U. S. Atty., Washington, D. C., with whom Messrs. Leo A. Rover, U. S. Atty., Lewis Carroll and Edward O. Fennell, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee.

Before WILBUR K. MILLER, PRETTYMAN and BAZELON, Circuit Judges.

PER CURIAM.

On this appeal from the District Court's denial of appellant's motion under Title 28 U.S.C. § 2255 "to correct excessive sentence," the following is pertinent: When appellant was indicted on October 8, 1951 for violation of Title 21 U.S.C.A. § 174, that section provided for a maximum sentence of ten years. On November 2, 1951, that section was repealed by an amending act which provided for a maximum sentence of five years for a first offense...

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