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UNITED STATES v. DE MARIE

No. 12281.

261 F.2d 477 (1958)

UNITED STATES of America, Plaintiff-Appellee, v. Frank DE MARIE, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied January 6, 1959.

Attorney(s) appearing for the Case

Maurice J. Walsh, Chicago, Ill., for appellant.

Robert Tieken, U. S. Atty., John Peter Lulinski, Asst. U. S. Atty., Chicago, Ill., for appellee.

Before FINNEGAN, SCHNACKENBERG and PARKINSON, Circuit Judges.

PARKINSON, Circuit Judge.

The defendant-appellant was tried to a jury and found guilty of narcotic law violations. Sentence was pronounced on June 27, 1955. We affirmed, 226 F.2d 782, with mandate filed in the District Court on March 5, 1956.

On September 20, 1957 the defendant-appellant filed a motion to vacate or correct judgment and sentence under 28 U.S.C.A. § 2255 and for a writ of error coram nobis; or, in the alternative, for a new trial...

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