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MALONE v. UNITED STATES

No. 6774.

295 F.2d 77 (1961)

Max Elliott MALONE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

October 5, 1961.

Attorney(s) appearing for the Case

Richard L. Whitworth, Denver, Colo., for appellant.

J. Eugene Gallegos, Asst. U. S. Atty., Sante Fe, N. M. (John Quinn, U. S. Atty., and Ruth C. Streeter, Asst. U. S. Atty., Albuquerque, N. M., on the brief), for appellee.

Before PHILLIPS, PICKETT and HILL, Circuit Judges.

PER CURIAM.

This is an appeal from an order denying a motion to vacate a sentence filed by Malone under 28 U.S.C.A. § 2255.

An indictment was returned against Malone in the United States District Court for the District of New Mexico, containing two counts. The first count charged a violation of the Dyer Act, 18 U.S.C.A. § 2312. The second count is not here involved.

On August 31, 1960, Malone appeared in open court for arraignment. At Malone...

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