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BURLEY v. UNITED STATES

No. 6663.

295 F.2d 317 (1961)

James G. BURLEY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

September 8, 1961.

Attorney(s) appearing for the Case

Eugene Deikman, Denver, Colo., for appellant.

D. L. Giacomini, Denver, Colo. (Donald G. Brotzman, U. S. Atty., Denver, Colo., on the brief), for appellee.

Before PHILLIPS, PICKETT and LEWIS, Circuit Judges.

LEWIS, Circuit Judge.

Appellant filed a motion to vacate and set aside a sentence imposed upon him for violation of the Narcotic Drugs Import and Export Act, 21 U.S.C.A. § 171 et seq. (See Lewis v. United States [Burley v. United States], 10 Cir., 277 F.2d 378), asserting that proceedings leading to his conviction were conducted without his presence and in violation of Rule 43, Rules of Criminal Procedure, 18 U.S.C. A.,

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