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JOYCE v. UNITED STATES

No. 6250.

327 F.2d 531 (1964)

Martin Joseph JOYCE, Petitioner, Appellant, v. UNITED STATES of America, Respondent, Appellee.

United States Court of Appeals First Circuit.

February 13, 1964.

Attorney(s) appearing for the Case

Martin Joseph Joyce, pro se, on motion for appointment of counsel.

W. Arthur Garrity, Jr., U. S. Atty., and Thomas P. O'Connor, Asst. U. S. Atty., on opposition to appellant's motion.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

WOODBURY, Chief Judge.

The matter immediately before us is a petition, supported by an affidavit of poverty, for appointment of counsel to prosecute an appeal from an order of the United States District Court for the District of Massachusetts denying a motion under Title 28 U.S.C. § 2255 to vacate, set aside or correct a sentence.

The petitioner and two others were charged in a one count indictment with theft from an interstate shipment of freight. Upon...

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