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UNITED STATES v. BAILEY

No. 14241.

331 F.2d 218 (1964)

UNITED STATES of America, Plaintiff-Appellee, v. Willie BAILEY, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

April 29, 1964.

Attorney(s) appearing for the Case

Donald W. Garlinger, Chicago, Ill., Willie Bailey, in pro per., for appellant.

Edward V. Hanrahan, U. S. Atty., Raymond F. Zvetina and Frank E. McDonald, Asst. U. S. Attys., Chicago, Ill. (John Peter Lulinski, John Powers Crowley, Asst. U. S. Attys., of counsel), for appellee.

Before DUFFY, SWYGERT and MAJOR, Circuit Judges.

DUFFY, Circuit Judge.

On May 3, 1962, defendant1 was tried before District Judge Igoe sitting without a jury and was found guilty on eleven counts charging unlawful possession and sale of narcotics. Defendant was sentenced to ten years on each count, but the sentence on each count was to be served concurrently. There was no appeal from the judgment of conviction.

On December 10, 1962, defendant filed a motion under 28 U.S.C. &...

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