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TURNER v. UNITED STATES

No. 14446.

258 F.2d 165 (1958)

Randolph TURNER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided July 10, 1958.

Attorney(s) appearing for the Case

Mr. T. Emmett McKenzie, Washington, D. C., for appellant. Appellant filed a brief pro se.

Mr. Edgar T. Bellinger, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., and Carl W. Belcher, Asst. U. S. Atty., were on the brief, for appellee.

Before MADDEN, Judge, United States Court of Claims, and BAZELON and BURGER, Circuit Judges.

PER CURIAM.

Appellant was convicted in 1953 for violation of narcotic laws. On direct appeal we affirmed.1 About three years later, appellant filed a motion under 28 U.S.C. § 2255 to vacate his sentence, alleging denial of a fair trial by misconduct of a juror — described now by his counsel as the juror's failure to live up to a promise to be "sympathetic" to appellant. The District Court denied his motion and on appeal from...

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