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SMITH v. UNITED STATES

No. 1310-60.

216 F.Supp. 809 (1961)

Joseph Orby SMITH, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court S. D. California, Central Division.

April 13, 1961.

Attorney(s) appearing for the Case

Laughlin E. Waters, U. S. Atty., and Thomas R. Sherican, Asst. U. S. Atty., Chief of Criminal Division, and Timothy M. Thornton, Asst. U. S. Atty., Los Angeles, Cal., for the United States.

Paul Augustine, Jr., Alhambra, Cal., for petitioner.

HALL, Chief Judge.

The matter is before the Court on a Motion filed November 18, 1960, under 28 U.S.C. § 2255 to vacate judgment of conviction and set aside the sentence in case No. 19,993-CR. D.C., 174 F.Supp. 828.

Petitioner Joseph Orby Smith was first indicted in case No. 19,754-CR. for unlawful flight to avoid prosecution. He was then indicted on February 11, 1948, in case No. 19,834-CR. for robbery of a National...

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