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UNITED STATES v. BERRY

No. 13730.

309 F.2d 311 (1962)

UNITED STATES of America, Plaintiff-Appellee, v. David BERRY, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied November 20, 1962.

Rehearing Denied November 20, 1962.

Attorney(s) appearing for the Case

Roy W. Sears, Chicago, Ill., for appellant.

Alfred W. Moellering, U. S. Atty., Joseph F. Eichhorn, Asst. U. S. Atty., Fort Wayne, Ind., for appellee.

Before SCHNACKENBERG, KNOCH and KILEY, Circuit Judges.

Rehearing Denied November 20, 1962, en banc.

SCHNACKENBERG, Circuit Judge.

David Berry, defendant, has appealed from an order of the district court denying his motion, under 28 U.S.C.A. § 2255, to vacate a judgment of the district court, entered November 29, 1960 on a plea of guilty to count II of an indictment in criminal case No. 3136, under which defendant was sentenced to serve a period of 20 years.

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