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BURGESS v. UNITED STATES

No. 17703.

319 F.2d 345 (1963)

Leamon Victor BURGESS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

June 24, 1963.

Attorney(s) appearing for the Case

Hartley Fleischmann, San Francisco, Cal., for appellant.

Francis C. Whelan, U. S. Atty., Thomas R. Sheridan, Asst. U. S. Atty., Chief, Criminal Section, David Y. Smith, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before CHAMBERS, ORR and MERRILL, Circuit Judges.

ORR, Circuit Judge.

On May 13, 1957, appellant pleaded guilty to a violation of 18 U.S.C. § 2113 (a) (bank robbery) and is currently serving his sentence of fifteen years of imprisonment. Appellant filed a motion on January 19, 1960 (refiled February 12, 1960) with the District Court to vacate judgment and sentence pursuant to 28 U.S.C. § 22551 on the ground that he was not properly brought before a commissioner for arraignment...

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