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WILHITE v. UNITED STATES

No. 15688.

281 F.2d 642 (1960)

Richard L. WILHITE, Appellant v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided July 14, 1960.

Petition for Rehearing Denied September 12, 1960.

Attorney(s) appearing for the Case

Mr. John F. Donelan, Washington, D. C., (appointed by this court) for appellant.

Mr. Frank Q. Nebeker, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., and Carl W. Belcher, Asst. U. S. Atty., were on the brief, for appellee.

Before WILBUR K. MILLER, FAHY and BURGER, Circuit Judges.

Petition for Rehearing en Banc Denied September 12, 1960.

BURGER, Circuit Judge.

The District Court denied, without hearing, appellant's fourth motion under 28 U.S.C. § 2255 (1958), to vacate a sentence on a plea of guilty to a charge of second degree murder. Appellant had been indicted for first degree murder growing out of rape of a girl age 25. Appellant was 16 years old at the time.

The Juvenile Court waived jurisdiction to the District Court...

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