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REDFIELD v. UNITED STATES

Nos. 18167, 18168.

315 F.2d 76 (1963)

Lavere REDFIELD, Appellant, v. UNITED STATES of America, Appellee. Lavere REDFIELD, Appellant, v. Raymond W. MAY, Warden of the Federal Correctional Institution at Terminal Island, California, Appellee.

United States Court of Appeals Ninth Circuit.

March 6, 1963.

Attorney(s) appearing for the Case

Burton Marks, Beverly Hills, Cal., for appellant.

John W. Bonner, U. S. Atty., Thomas R. C. Wilson, II, Asst. U. S. Atty., and Melvin D. Close, Jr., Asst. U. S. Atty., Reno, Nev., for appellee United States.

Francis C. Whelan, U. S. Atty., Donald A. Fareed, Asst. U. S. Atty., Chief of Civil Division; and Gordon P. Levy, Asst. U. S. Atty., Los Angeles, Cal. for appellee May.

Before HAMLEY, HAMLIN and KOELSCH, Circuit Judges.

HAMLEY, Circuit Judge.

These two appeals have been consolidated for argument and disposition in this court. One (No. 18167) involves the denial of alternative motions; one, made under 28 U.S.C. § 2255, to vacate, set aside or correct an alleged illegal sentence, and the other, made under Rule 35, Federal Rules of Criminal Procedure, to correct the same sentence. The other appeal (No. 18168) involves the denial of an application for a writ of habeas corpus.

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