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DELEGAL v. UNITED STATES

No. 17725.

271 F.2d 279 (1959)

Joe DELEGAL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

October 27, 1959.

Attorney(s) appearing for the Case

Ralph L. Crawford, Savannah, Ga., for appellant.

Donald H. Fraser, Asst. U. S. Atty., Savannah, Ga., William C. Calhoun, U. S. Atty., Augusta, Ga., for appellee.

Before RIVES, Chief Judge, and TUTTLE and BROWN, Circuit Judges.

PER CURIAM.

This is an appeal from a denial by the District Court of a motion under F.R.Crim.P. 32(d), 18 U.S.C.A., to set aside a sentence of imprisonment and a prior plea of guilty to a one-count indictment charging violation of 26 U.S.C. A. § 5008(b) (1) (1955). The only basis for the motion was that at the time of the entry of the plea of guilty the defendant, appellant here, was not personally present in court and...

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