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GRENE v. UNITED STATES

No. 23382.

360 F.2d 585 (1966)

Robert GRENE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

May 13, 1966.

Attorney(s) appearing for the Case

B. Guerry Moore, Washington, D. C., for appellant.

Lloyd G. Bates, Jr., Asst. U. S. Atty., Michael J. Osman, Asst. U. S. Atty., William A. Meadows, Jr., U. S. Atty., Miami, Fla, for appellee.

Before WISDOM and COLEMAN, Circuit Judges, and HUGHES, District Judge.

PER CURIAM:

Appellant moved to vacate sentence under 28 U.S.C.A. § 2255. The district court denied relief. We affirm.

The motion asserted that the "indictment did not inform your petitioner of the nature and substance of the charge". The basis for this contention is that there was a fatal variance between allegations and proof, with a resulting failure to inform, which should have entitled appellant to a directed...

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