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ROBINSON v. UNITED STATES

No. 17946.

335 F.2d 975 (1964)

Connell ROBINSON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 27, 1964.

Attorney(s) appearing for the Case

Mr. Mervyn I. Aronoff, Washington, D. C., with whom Messrs. Irving B. Yochelson and C. Richard Beyda, Washington, D. C. (all appointed by this court), were on the brief, for appellant.

Mr. Anthony A. Lapham, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., and Frank Q. Nebeker, Asst. U. S. Atty., were on the brief, for appellee.

Before BAZELON, Chief Judge, and DANAHER and BURGER, Circuit Judges.

BURGER, Circuit Judge.

Appellant seeks to have this court construe his petition to modify or vacate a sentence, under 28 U.S.C. § 2255, as a direct appeal from a judgment of conviction entered February 10, 1953. He urges this be done either under Fed.R.Crim.P. 45(b) (2) because of "excusable neglect," or under Fed.R.Crim.P. 39(a) as an extraordinary exercise of our supervisory power over appeals. The primary ground for urging this exceptional relief is that the...

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