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ROTH v. UNITED STATES

No. 16765.

295 F.2d 364 (1961)

Marvin ROTH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

October 27, 1961.

Attorney(s) appearing for the Case

Roy Cook, Kansas City, for appellant.

W. Francis Murrell, Asst. U. S. Atty., St. Louis, Mo. (D. Jeff Lance, U. S. Atty., and John A. Newton, Asst. U. S. Atty., St. Louis, Mo., on the brief), for appellee.

Before SANBORN, MATTHES and RIDGE, Circuit Judges.

SANBORN, Circuit Judge.

This is an appeal from an order of the District Court filed March 9, 1961, denying a motion of Marvin Roth under 28 U.S.C. § 2255 for the vacation of a judgment and sentence of eight years imprisonment imposed upon him on January 8, 1959. The sentence was based upon a finding by that court, after a jury-waived trial, that Roth was guilty as charged. From the judgment, Roth appealed. The judgment was affirmed by this Court on October 8...

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