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UNITED STATES v. KNIESS

No. 12370.

264 F.2d 353 (1959)

UNITED STATES of America, Plaintiff-Appellee, v. John Eugene KNIESS, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied April 8, 1959.

Attorney(s) appearing for the Case

Zeamore A. Ader, Chicago, Ill., for appellant.

George E. Rapp, U. S. Atty., Dudley H. Davis, Jr., Asst. U. S. Atty., Madison, Wis., for appellee.

Before DUFFY, Chief Judge, and SCHNACKENBERG and KNOCH, Circuit Judges.

DUFFY, Chief Judge.

This is an appeal from the denial of a motion made by defendant Kniess under § 2255, Title 28 U.S.C., to vacate and set aside a sentence imposed on him by the District Court for the Western District of Wisconsin. The motion was predicated on the alleged non-compliance with Rule 5(a), Federal Rules of Criminal Procedure, 18 U.S.C. This rule provides that an officer making an arrest under a warrant issued upon a complaint, or any person making...

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