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ALBERT v. UNITED STATES

No. 15896.

259 F.2d 268 (1958)

Morris ALBERT, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied July 30, 1958.

Attorney(s) appearing for the Case

Morris Albert, appellant, in pro. per.

George M. Yeager, U. S. Atty., Jay A. Rabinowitz, Asst. U. S. Atty., Fairbanks, Alaska, for appellee.

Before FEE, CHAMBERS and BARNES, Circuit Judges.

PER CURIAM.

Appellant was indicted, tried, and convicted by a jury in the District Court for the District of Alaska, Fourth Judicial Division, for the offense of armed robbery (A.C.L.A.1949, § 65-4-24). On May 21, 1956 a fifteen (15) year sentence was imposed. An appeal from this conviction, filed May 26, 1956, was never perfected. On February 18, 1957 appellant filed a "Petition of Motion to Vacate Sentence" which the district court properly treated as a motion...

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