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NICHOLS v. UNITED STATES

No. 20692.

325 F.2d 716 (1963)

Rush O. NICHOLS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 27, 1964.

Attorney(s) appearing for the Case

Rush O. Nichols, for appellant.

B. H. Timmins, Jr., Asst. U. S. Atty., Dallas, Tex., for appellee.

Before TUTTLE, Chief Judge, and BROWN and GEWIN, Circuit Judges.

PER CURIAM:

This is the second appeal from a denial of a motion to vacate sentence under 28 U.S.C.A. § 2255. Appellant filed the motion on January 23, 1962. The District Court dismissed it in March 1962 without a hearing. We reversed and remanded the case for a hearing. Nichols v. United States, 5 Cir., 1962, 310 F.2d 374. Pursuant to our order of remand, the District Court conducted a full and fair hearing, Porter v. United...

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