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BERUBE v. UNITED STATES

No. 22348.

355 F.2d 543 (1966)

Allan James BERUBE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

January 28, 1966.

Attorney(s) appearing for the Case

Carl G. Swanson, Cocoa Beach, Fla., for appellant.

Edward F. Boardman, U. S. Atty., Tampa, Fla., for appellee.

Before TUTTLE, Chief Judge, THORNBERRY, Circuit Judge, and CARSWELL, District Judge.

PER CURIAM:

The district court had before it appellant's petition under 28 U.S.C. 2255 which sought to set aside his judgment of commitment on the grounds that he had not been apprised of his right of appeal, and/or his failure to take a timely appeal was due to fear engendered by acts of government personnel.

We agree with the district court's conclusion that the failure to file a timely notice of appeal is not one of the grounds upon which a judgment of...

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