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UNITED STATES v. BREATON

No. 14428.

290 F.2d 856 (1961)

UNITED STATES of America, Plaintiff-Appellee v. Marvin Ferris BREATON, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

June 13, 1961.

Attorney(s) appearing for the Case

David W. Matthews, of Taft, Stettinius & Hollister, Cincinnati, Ohio, for appellant.

Carl F. La Rue, Sp. Asst. U. S. Atty., Toledo, Ohio, Russell E. Ake, U. S. Atty., Cleveland, Ohio, and Carl F. La Rue, Sp. Asst. U. S. Atty., Toledo, Ohio, on brief, for appellee.

Before McALLISTER, CECIL and WEICK, Circuit Judges.

PER CURIAM.

Appellant has appealed from an order of the District Court denying his motion to vacate sentence. A transcript of the record of the hearing was furnished at Government expense. We appointed counsel for him here who ably presented his claims of error.

Breaton was convicted by a jury in the District Court on two counts of an indictment charging bank robbery. He was sentenced to serve 20 years on one count and 25 years on the other, the sentences...

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