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GORE v. UNITED STATES

No. 13493.

244 F.2d 763 (1957)

McKinley E. GORE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided April 25, 1957.

Attorney(s) appearing for the Case

Mr. McKinley E. Gore, appellant, filed a brief, pro se, and his case was treated as submitted thereon.

Mr. Forbes Blair, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., Lewis Carroll and Joel Blackwell, Asst. U. S. Attys., were on the brief, for appellee.

Before BAZELON, FAHY and BASTIAN, Circuit Judges.

BASTIAN, Circuit Judge.

Appellant (defendant) was tried and convicted under each count of a six-count indictment charging violations of 26 U.S.C. § 4705(a),1 26 U.S.C. § 4704(a)2 and 21 U.S.C.A. § 174.3 No appeal was taken; but some months later the defendant filed in the District Court a motion under § 2255 of Title 28, United

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