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MILLER v. UNITED STATES

No. 15860.

256 F.2d 501 (1958)

Bernard G. MILLER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

May 27, 1958.

Attorney(s) appearing for the Case

Bernard Miller, in pro. per.

Charles P. Moriarty, U. S. Atty., Seattle, Wash., Charles W. Billinghurst, Asst. U. S. Atty., Tacoma, Wash., for appellee.

Before STEPHENS, Chief Judge, and DENMAN and FEE, Circuit Judges.

PER CURIAM.

This is another of those 28 U.S.C. § 2255 cases like Toliver v. United States, 9 Cir., 249 F.2d 804 in which it is obvious beyond question that no jurisdiction exists where the Government has sought a determination of the merits of a convict's contention as to his guilt.

The very first sentence of Section 2255 provides that only "A prisoner in custody * * * claiming the right to be released * * * may...

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