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UNITED STATES v. HOYLAND

No. 12320.

264 F.2d 346 (1959)

UNITED STATES of America, Plaintiff-Appellee, v. James Alva HOYLAND, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Petition for Rehearing Denied March 30, 1959.

Attorney(s) appearing for the Case

Lawrence A. Coles, Jr., Chicago, Ill., James Alva Hoyland, Alcatraz, Cal., for appellant.

Robert Tieken, U. S. Atty., Charles R. Purcell, Jr., Asst. U. S. Atty., Chicago, Ill., for appellee. John Peter Lulinski, Albert F. Manion, Asst. U. S. Attys., Chicago, Ill., of counsel.

Before DUFFY, Chief Judge, and MAJOR and PARKINSON, Circuit Judges.

Petition for Rehearing En Banc Denied March 30, 1959.

MAJOR, Circuit Judge.

This case is here on appeal from an order of the district court entered March 13, 1958, denying, after hearing, defendant's motion, filed pursuant to Title 28 U.S.C.A. § 2255, to vacate a judgment entered July 5, 1951, on defendant's plea of guilty, by which defendant was and presently is incarcerated in the penitentiary. The motion to vacate was heard by District Judge Philip...

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