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HAMILTON v. WILKINSON

No. 17708.

271 F.2d 278 (1959)

Malvin Chester HAMILTON, Appellant, v. Fred T. WILKINSON, Warden, United States Penitentiary, Atlanta, Georgia, Appellee.

United States Court of Appeals Fifth Circuit.

November 10, 1959.

Attorney(s) appearing for the Case

Wm. T. Brooks, Atlanta, Ga., and Malvin Chester Hamilton, in pro. per., for appellant.

E. Ralph Ivey, Asst. U. S. Atty., and Charles D. Read, Jr., Acting U. S. Atty., Atlanta, Ga., for appellee.

Before HUTCHESON, TUTTLE and WISDOM, Circuit Judges.

PER CURIAM.

This is an appeal from the denial of a petition for writ of habeas corpus. The petitioner had previously filed a petition to vacate the judgment of conviction which is the basis of the present proceeding. In Hamilton v. United States, 5 Cir., 253 F.2d 421, we affirmed that denial. In the petition presented to the trial court in the pending case the same grounds were alleged as a basis for attacking the validity of his...

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