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RODDY v. UNITED STATES

No. 6785.

296 F.2d 9 (1961)

David Holston RODDY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

November 3, 1961.

Attorney(s) appearing for the Case

Fred W. Woodson, Tulsa, Okl., for appellant.

James L. Burton, Asst. U. S. Atty., Tulsa, Okl. (Russell H. Smith, U. S. Atty., Tulsa, Okl., was with him on the brief), for appellee.

Before LEWIS and BREITENSTEIN, Circuit Judges, and CHILSON, District Judge.

CHILSON, District Judge.

In 1947 the appellant Roddy waived indictment and entered a plea of guilty to an information charging him with a violation of the Dyer Act.1 He was sentenced to 18 months imprisonment and the sentence has long since been served.

Appellant is now confined in the Kansas state penitentiary as an habitual criminal. One of the prior convictions upon which his present sentence is based is the 1947 Dyer Act conviction...

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