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RUSH v. UNITED STATES

No. 18526.

290 F.2d 709 (1961)

Frank L. RUSH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

May 12, 1961.

Attorney(s) appearing for the Case

Frank L. Rush, in pro. per.

J. Robert Sparks, Asst. U. S. Atty., Atlanta, Ga., William C. O'Kelley, Asst. U. S. Atty., Atlanta, Ga., Charles D. Read, Jr., U. S. Atty., Atlanta, Ga., for appellee.

Before JONES and BROWN, Circuit Judges, and CONNALLY, District Judge.

CONNALLY, District Judge.

This is an appeal from an order of the Trial Court denying, without hearing, appellant's § 22551 motion attacking sentences previously imposed by the Trial Court, and pursuant to which appellant is confined in the U. S. Penitentiary at Atlanta.

While a prisoner in the U. S. Penitentiary at Atlanta, serving a two-year sentence for a Dyer Act violation,2 appellant effected...

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