HEANEY, Circuit Judge.
The appellant was sentenced to the Nebraska State Penitentiary for fifteen years under the Nebraska Habitual Criminal Act in November of 1960. On May 13, 1965, the appellant filed a motion to vacate his sentence in District Court, Hall County, Nebraska. An attorney was appointed to assist the appellant and, on January 7, 1966, his conviction and sentence under the Habitual Criminal Act was declared null and void. He was resentenced, however...
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