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SMITH v. UNITED STATES

No. 16710.

287 F.2d 270 (1961)

Warren David SMITH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

February 16, 1961.

Attorney(s) appearing for the Case

Totton P. Heffelfinger, II, San Francisco, Cal., for appellant.

Charles P. Moriarty, U. S. Atty., Jeremiah M. Long, Asst. U. S. Atty., Seattle, Wash., for appellee.

Before STEPHENS, HAMLEY and HAMLIN, Circuit Judges.

HAMLEY, Circuit Judge.

Warren David Smith, a federal prisoner at Alcatraz, brought this proceeding in district court under 28 U.S.C.A. § 2255 and rule 35, Federal Rules of Criminal Procedure, 18 U.S.C.A. By these alternative means he sought to set aside sentences of twenty and twenty-five years imposed under counts II and III of an information, and to leave in effect only a ten-year sentence imposed under count I. The...

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