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DANIELS v. UNITED STATES

No. 15410.

246 F.2d 194 (1957)

Phillip DANIELS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

May 28, 1957.

Attorney(s) appearing for the Case

Phillip Daniels, Steilacoom, Wash., for appellant.

William T. Plummer, U. S. Atty., Lloyd L. Duggar, Asst. U. S. Atty., Anchorage, Alaska, for appellee.

Before MATHEWS, CHAMBERS and BARNES, Circuit Judges.

MATHEWS, Circuit Judge.

This appeal is from an order of the District Court for the Territory of Alaska,1 Third Division, denying a motion of appellant, Phillip Daniels, filed in the District Court on September 29, 1956. The motion was purportedly based on 28 U.S.C.A. § 2255, the pertinent provisions of which are as follows:

"A prisoner in custody under sentence of a court established by Act of Congress claiming the right...

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