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PALOMERA v. TAYLOR

No. 8018.

344 F.2d 937 (1965)

Marion R. PALOMERA, Appellant, v. J. C. TAYLOR, Warden, United States Penitentiary, Leavenworth, Kansas, Appellee.

United States Court of Appeals Tenth Circuit.

May 3, 1965.

Attorney(s) appearing for the Case

Marion R. Palomera, pro se.

Benjamin E. Franklin, Asst. U. S. Atty., Newell A. George, U. S. Atty., Abraham Nemrow, Lt. Colonel, JAGC, and James R. Robinson, Lt. Colonel, JAGC, Office of the Judge Advocate Gen., for appellee.

Before PICKETT, BREITENSTEIN and HILL, Circuit Judges.

HILL, Circuit Judge.

This is an appeal from a denial of a petition for a writ of habeas corpus. Petitioner in his written papers alluded to this proceeding as being both a motion to vacate the sentence within the purview of 28 U.S.C. § 2255 and a petition for habeas corpus. The lower court considered the matter only as a petition for habeas corpus and we agree. A motion under 28 U.S.C. § 2255 is not proper here because the petitioner was sentenced by a military...

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