HARRIS v. UNITED STATES

No. 8485.

356 F.2d 945 (1966)

Charles Curtis HARRIS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied March 30, 1966.


Attorney(s) appearing for the Case

Terry G. Paup, Englewood, Colo., for appellant.

John W. Raley, Jr., Asst. U. S. Atty., Oklahoma City, Okl. (B. Andrew Potter, U. S. Atty., Oklahoma City, Okl., on the brief), for appellee.

Before PICKETT and SETH, Circuit Judges, and LANGLEY, District Judge.


SETH, Circuit Judge.

The appellant filed a motion under 28 U.S.C.A. § 2255 with the United States District Court for the Western District of Oklahoma. Relief was denied on the ground that the same issue had theretofore been considered by the court during the course of an evidentiary hearing held upon appellant's motion filed pursuant to Rule 35 of the Federal Rules of Criminal Procedure, and on the findings there made. From this denial appellant has taken this...

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