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KENNEDY v. UNITED STATES

No. 17219.

259 F.2d 883 (1958)

Joseph Morris KENNEDY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied December 17, 1958.

Attorney(s) appearing for the Case

Shelby Myrick, Sr., Shelby Myrick, Jr., Savannah, Ga., for appellant.

William C. Calhoun, U. S. Atty., Augusta, Ga., for appellee.

Before HUTCHESON, Chief Judge, and TUTTLE and JONES, Circuit Judges.

TUTTLE, Circuit Judge.

This is the second appearance of this case here. Kennedy filed his Section 2255 motion for vacation of his conviction and sentence to 40 years on four counts of violating the bank robbery statute. The trial court dismissed the motion without a hearing. Kennedy appealed. Because the record did not "conclusively show that the prisoner [was] entitled to no relief" we reversed and remanded for a hearing, Kennedy v. United States, 5 Cir.,

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