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MELVIN v. UNITED STATES

No. 13873.

316 F.2d 647 (1963)

Rudolph Preston MELVIN, Petitioner-Appellee, v. UNITED STATES of America, Respondent-Appellant.

United States Court of Appeals Seventh Circuit.

May 2, 1963.

Attorney(s) appearing for the Case

E. Lamar Sledge, Dept. of Justice, Washington, D. C., Edward R. Phelps, U. S. Atty., Springfield, Ill., Richard E. Eagleton, Asst. U. S. Atty., Peoria, Ill., for appellant.

Robert L. Bombaugh, Chicago, Ill., Rudolph Preston Melvin, pro se, for appellee.

Before HASTINGS, Chief Judge, and SCHNACKENBERG and KNOCH, Circuit Judges.

KNOCH, Circuit Judge.

Petitioner, Rudolph Preston Melvin, filed his motion to proceed in forma pauperis in the United States District Court under authority of Title 28 U.S.C. § 2255, to vacate judgment and sentence imposed on him in a prior criminal action. Petitioner had pleaded guilty to a Criminal Information which, in substance, read:

"That on or about the 21st day of January, 1961, in the City of Moline, County of Rock Island, State of Illinois...

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