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LEVEY v. UNITED STATES

No. 19628.

309 F.2d 890 (1962)

Harlan Ray LEVEY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied December 28, 1962.

Attorney(s) appearing for the Case

Donald H. Fraser, U. S. Atty., Savannah, Ga., for appellee.

Before TUTTLE, Chief Judge, WISDOM, Circuit Judge, and JOHNSON, District Judge.

PER CURIAM.

The trial court properly dismissed the motion to vacate the judgment under Section 2255 without a hearing since the files and records of the case conclusively show that the prisoner was entitled to no relief.

The judgment, therefore, is

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