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FENNELL v. UNITED STATES

No. 7203.

313 F.2d 941 (1963)

Calvin FENNELL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

January 28, 1963.

Attorney(s) appearing for the Case

Carl L. Harthun, Denver, Colo., for appellant.

Phillips Breckinridge, Tulsa, Okl. (John M. Imel, Tulsa, Okl., was on brief with him), for appellee.

Before MURRAH, Chief Judge, and PICKETT and LEWIS, Circuit Judges.

PER CURIAM.

This is an appeal from the District Court's denial of Calvin Fennell's second motion to vacate the judgment and sentence imposed pursuant to his jury conviction for violations of the federal narcotic laws and for conspiracy. The District Court's denial of this second or successive motion under Section 2255, Title 28 U.S.C., is based upon the premise that the movant "raises no new substantial issues not covered by the prior motion."

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