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MOORE v. UNITED STATES

No. 20406.

334 F.2d 25 (1964)

Shelley W. MOORE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 2, 1964.

Attorney(s) appearing for the Case

Charles R. Wheeler, Fort Worth, Tex., for appellant.

William L. Hughes, Jr., Robert S. Travis, Asst. U. S. Attys., Fort Worth, Tex., Barefoot Sanders, U. S. Atty., for appellee.

Before HUTCHESON and BROWN, Circuit Judges, and SIMPSON, District Judge.

PER CURIAM.

We review here the denial of a Motion to Vacate Sentence, under Title 28 U.S. C. § 2255.

Moore was convicted and sentenced upon his plea of Guilty to Count 1 of a 3-Count Indictment, charging violation of marihuana and narcotics regulations. Count 1 charged a violation of Title 26 U.S.C. § 4742(a) (the transfer of approximately 406.5 grams of marihuana not in pursuance of a written order of the transferee on a form issued for that purpose...

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