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ROBERTS v. UNITED STATES

No. 20858.

365 F.2d 251 (1966)

Robert Walter ROBERTS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

August 15, 1966.

Attorney(s) appearing for the Case

Robert Walter Roberts, in pro. per.

William P. Copple, U. S. Atty., Jo Ann D. Diamos, Asst. U. S. Atty., Tucson, Ariz., for appellee.

Before BROWNING, JOHNSEN and DUNIWAY, Circuit Judges.

PER CURIAM:

Appeal from an order denying a motion made under section 2255, Title 28, U.S.C.

It appears that Roberts is not now serving the sentence to which his motion is directed, but is serving a prior valid sentence which has not yet expired. For that reason, the trial court correctly denied the present motion. When Roberts has completed serving the prior sentence, he will then be in a position to renew his motion and to bring before the trial court the...

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