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SMITH v. UNITED STATES

No. 15336.

358 F.2d 683 (1966)

Clifton E. SMITH, Appellant, v. UNITED STATES of America.

United States Court of Appeals Third Circuit.

Decided March 22, 1966.

Attorney(s) appearing for the Case

Daniel B. Pierson, V, Philadelphia, Pa., for appellant.

Harry A. Nagle, Asst. U. S. Atty., Lewisburg, Pa. (Bernard J. Brown, U. S. Atty., Scranton, Pa., on the brief), for appellee.

Before HASTIE, GANEY and FREEDMAN, Circuit Judges.

GANEY, Circuit Judge.

This is an appeal from an order of the United States District Court for the Middle District of Pennsylvania, which denied a motion of the appellant made under Section 2255, Title 28 United States Code, to vacate the conviction and sentence he was then serving. On January 28, 1964, the appellant was indicted by the grand jury in the Middle District of Pennsylvania, on a single count indictment which charged him with interstate transportation of...

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