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BERRY v. UNITED STATES

No. 14579.

338 F.2d 605 (1964)

David BERRY, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals Seventh Circuit.

November 12, 1964.

Attorney(s) appearing for the Case

F. Laurence Anderson, Jr., Gary, Ind., for appellant.

Alfred W. Moellering, U. S. Atty., Joseph F. Eichhorn, Asst. U. S. Atty., Fort Wayne, Ind., for appellee.

Before DUFFY, KNOCH and KILEY, Circuit Judges.

KILEY, Circuit Judge.

The district court after a hearing dismissed petitioner Berry's petition under Title 28 U.S.C. § 2255 and he has appealed.

Berry was originally convicted under a two count indictment charging violations of federal narcotics law. This court reversed the conviction, United States v. Berry, 277 F.2d 826 (7th Cir. 1960). On remand the original indictment was dismissed and Berry was re-indicted on two...

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