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FERINA v. UNITED STATES

No. 17685.

340 F.2d 837 (1965)

Felix FERINA, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

January 28, 1965.

Attorney(s) appearing for the Case

Walter A. Raymond, Kansas City, Mo., made argument for appellant and filed brief with Kenneth C. West, Kansas City, Mo.

Brian P. Gettings, Atty., Crim. Div., Dept. of Justice, Washington, D. C., made argument for appellee and filed brief with Herbert J. Miller, Jr., Asst. Atty. Gen., and Allen J. Krouse and James J. Featherstone, Crim. Div., Dept. of Justice, Washington, D. C.

Before VOGEL, VAN OOSTERHOUT and MEHAFFY, Circuit Judges.

MEHAFFY, Circuit Judge.

Petitioner appeals an order of the United States District Court for the Western District of Missouri denying his alternative motion under 28 U.S.C.A. § 2255 and Fed.R.Crim.P. 35 to vacate or correct illegal sentences.

Petitioner was convicted by a jury under an indictment which charged him in Counts I and II with obstructing justice in violation of 18 U.S.C.A. § 1503 by shooting with a revolver a Government witness because...

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