WAGSTAFF v. UNITED STATES

No. 8205.

351 F.2d 465 (1965)

Joseph H. WAGSTAFF, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

October 11, 1965.


Attorney(s) appearing for the Case

Richard A. Zarlengo, Denver, Colo., for appellant.

H. Ralph Klemm, Asst. U. S. Atty. (William T. Thurman, U. S. Atty., was with him on the brief), for appellee.

Before PHILLIPS, LEWIS, and BREITENSTEIN, Circuit Judges.


PER CURIAM.

The trial court denied without hearing appellant's motion for relief under 28 U.S.C. § 2255 from a sentence imposed on April 7, 1955, after a jury verdict finding appellant guilty of the armed robbery of a federally insured bank. A direct appeal was taken to this court and was dismissed on December 7, 1955, pursuant to a stipulation. The § 2255 petition states: "* * * the appeal was dismissed upon motion of the Petitioner. Petitioner subsequently...

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