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THOMAS v. UNITED STATES

No. 18632.

352 F.2d 701 (1965)

Leland A. B. THOMAS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided July 28, 1965.

Attorney(s) appearing for the Case

Mr. James F. Carroll (appointed by this court), Washington, D. C., for appellant.

Mr. John A. Terry, 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 WASHINGTON and DANAHER, Circuit Judges, and BASTIAN, Senior Circuit Judge.

DANAHER, Circuit Judge.

Whether the appellant's motion of February 12, 1964 be treated as a motion to vacate sentence pursuant to 28 U.S.C. § 1651(a) (1965), as he called it, or a motion for relief pursuant to 28 U.S.C. § 2255 (1965), the record shows that no evidentiary hearing had been held in the District Court. Leave to appeal was there denied, but on petition filed here leave to prosecute the appeal was granted.

Appellant had been convicted...

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