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MARTIN v. UNITED STATES

No. 6414.

285 F.2d 150 (1960)

George F. MARTIN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied December 9, 1960.

Attorney(s) appearing for the Case

Jerry L. Smith, Denver, Colo., for appellant.

Erwin A. Cook, Asst. U. S. Atty., Oklahoma City, Okl. (Paul W. Cress, U. S. Atty., Oklahoma City, Okl., was with him on the brief), for United States.

Before MURRAH, Chief Judge, and BRATTON and PICKETT, Circuit Judges.

MURRAH, Chief Judge.

This is an appeal from the judgment of the District Court denying appellant's motion under § 2255 to vacate or modify a judgment and sentence charging the violation of the mail fraud statute. 18 U.S.C. § 1341. The background for the appeal is found in Martin v. United States, 10 Cir., 263 F.2d 516; 10 Cir., 273 F.2d 775.

The appellant first attacks the validity...

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