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ANTHONY v. UNITED STATES

No. 18878.

331 F.2d 687 (1964)

Laurence Fredrick ANTHONY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

May 7, 1964.

Attorney(s) appearing for the Case

Edgar Paul Boyko, Los Angeles, Cal., for appellant.

Francis C. Whelan, U. S. Atty., Thomas R. Sheridan, Asst. U. S. Atty., Chief, Criminal Section, Myron Roschko and Robert H. Filsinger, Asst. U. S. Attys., Los Angeles, Cal., for appellee.

Before BARNES, MERRILL and DUNIWAY, Circuit Judges.

BARNES, Circuit Judge.

This is an appeal in forma pauperis from the denial of a motion to vacate sentence pursuant to 28 U.S.C. § 2255. The motion filed was in the alternative; i. e., likewise to correct an illegal sentence under Rule 35, Federal Rules of Criminal Procedure.

To understand this appeal, we must note its background. We quote from appellee's brief:

"Appellant, Laurence Frederick Anthony, was indicted by the Federal Grand Jury...

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