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HAYES v. UNITED STATES

No. 3703-Cr.

208 F.Supp. 178 (1962)

Thomas HAYES, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court E. D. North Carolina, Fayetteville Division.

August 27, 1962.

Attorney(s) appearing for the Case

George Z. Stuhl, Fayetteville, N. C., for petitioner.

Robert H. Cowen, U. S. Atty., Raleigh, N. C., represented by Harold W. Gavin and Alton T. Cummings, Asst. U. S. Attys., for respondent.

BUTLER, Chief Judge.

This is a motion, under 28 U.S.C. § 2255, to vacate a sentence of life imprisonment for the crime of rape imposed upon the petitioner, Thomas Hayes, on December 22, 1955. No appeal was taken from the judgment. Jurisdiction of the federal court was based on the fact that the offense was committed on the Fort Bragg military reservation on lands under the exclusive or concurrent jurisdiction of the United States.1

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