KISTNER v. UNITED STATES

No. 17498.

332 F.2d 978 (1964)

Harold Eugene KISTNER, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

June 11, 1964.


Attorney(s) appearing for the Case

Wallace W. Huff of Crary & Huff, Sioux City, Iowa, made argument for appellant and filed a brief.

Donald E. O'Brien, U. S. Atty., Sioux City, Iowa, made argument for appellee and filed a brief.

Before VAN OOSTERHOUT, RIDGE and MEHAFFY, Circuit Judges.


MEHAFFY, Circuit Judge.

This appeal is from an order of the District Court denying the motion filed under 28 U.S.C.A. § 2255 by appellant, Harold Eugene Kistner, Jr. (hereinafter referred to as "defendant"), to vacate judgment and sentence which the trial court entered upon one of defendant's two convictions under separate indictments. In Criminal Action No. 4548, the defendant was tried before a jury on a nineteen count indictment and found guilty under Count...

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