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TUCKER v. UNITED STATES

No. 15048.

235 F.2d 238 (1956)

Forrest Silva TUCKER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

June 26, 1956.

Attorney(s) appearing for the Case

Forrest Silva Tucker, Alcatraz, Cal., for appellant, in pro. per.

Laughlin E. Waters, U. S. Atty., Louis Lee Abbott, Leila F. Bulgrin, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before DENMAN, Chief Judge, LEMMON, Circuit Judge, and SOLOMON, District Judge.

DENMAN, Chief Judge.

Tucker, a federal prisoner held in custody at the United States Penitentiary at Alcatraz, appeals from a judgment denying his "`motion in the nature of a writ of error coram nobis'".1 He contends that the District Court erred in denying the motion without a hearing. We agree.

On May 20, 1953, Tucker was sentenced to a 25-year term for robbery of a national bank with the use of a dangerous weapon, 18 U.S.C....

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