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SMITH v. UNITED STATES

No. 18266.

283 F.2d 245 (1960)

Johnnie Ray SMITH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

October 19, 1960.

Attorney(s) appearing for the Case

Johnnie Ray Smith, in pro. per., for appellant.

Wilfred C. Varn, U. S. Atty., Richard W. Ervin, III, Asst. U. S. Atty., Tallahassee, Fla., for appellee.

Before TUTTLE, JONES and BROWN, Circuit Judges.

PER CURIAM.

This is an appeal from an order dismissing appellant's motion to vacate sentence under Title 28 U.S.C.A. § 2255 without a hearing. The trial court held that it appeared from the face of the petition itself that there was no ground to support the motion.

The judgment of the trial court is affirmed.

"Unless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief, the court shall...

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