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McCANN v. UNITED STATES

Civ. A. No. 7971.

217 F.Supp. 751 (1963)

Gerald Edwin McCANN, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court D. Colorado.

June 3, 1963.

Attorney(s) appearing for the Case

James W. Wilson, Denver, Colo., for petitioner.

Lawrence M. Henry, U. S. Atty., Michael C. Villano, Asst. U. S. Atty., Denver, Colo., for respondent.

CHILSON, District Judge.

The petitioner is now confined in a federal institution under a sentence of four years imposed by this court on February 21, 1963, under a plea of guilty to a violation of Title 26 United States Code Section 5841.

He has filed a motion to vacate judgment and sentence under Title 28 United States Code Section 2255, on the grounds that Section 5841 is unconstitutional in that it requires the defendant to be a witness against himself...

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