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GAITAN v. UNITED STATES

No. 6647.

295 F.2d 277 (1961)

Joseph Aguilar GAITAN and Dolores Marie Gaitan, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied October 27, 1961.

Attorney(s) appearing for the Case

Walter L. Gerash, Denver, Colo., for appellants.

Lawrence M. Henry, U. S. Atty. for the Dist. of Colorado, Denver, Colo., for appellee.

Before MURRAH, Chief Judge, and BRATTON and BREITENSTEIN, Circuit Judges.

BRATTON, Circuit Judge.

The question presented on this appeal is whether a judgment and sentence imposed in a criminal case in the United States Court was open to attack by motion filed under 28 U.S.C. § 2255, on the ground that evidence seized in the course of an unreasonable search by state and local officers was erroneously admitted over the seasonably made objection of the accused.

The question arises in this manner. Joseph Aguilar Gaitan and Dolores...

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