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WOYKOVSKY v. UNITED STATES

No. 17789.

309 F.2d 381 (1962)

Alexander J. WOYKOVSKY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied December 26, 1962.

Attorney(s) appearing for the Case

John J. King, Jr., San Francisco, Cal., for appellant.

John W. Bonner, U. S. Atty., Thomas R. C. Wilson, and Melvin D. Close, Jr., Las Vegas, Nev., for appellee.

Before JERTBERG and BROWNING, Circuit Judges, and PENCE, District Judge.

JERTBERG, Circuit Judge.

Appellant, a federal prisoner held in custody at the United States Penitentiary at Leavenworth, Kansas, appeals from an order of the United States District Court for the District of Nevada entered on December 28, 1961 denying, without a hearing, appellant's motion filed on November 22, 1961 under Rule 35 of Fed. Rules Crim.Proc.,1 to correct "an unlawful and illegal" sentence imposed upon him by that court on February...

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