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ROETH v. UNITED STATES

No. 9372.

382 F.2d 96 (1967)

Ralph Charles ROETH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied September 20, 1967.

Attorney(s) appearing for the Case

Jay M. Vogelson, Dallas, Tex., for appellant.

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

Before JONES, SETH and HICKEY, Circuit Judges.

HICKEY, Circuit Judge.

Appellant was indicted by a grand jury in Oklahoma for escaping from custody while serving an eight year sentence imposed by a Texas Federal Court. A motion to dismiss the indictment was filed by a court-appointed attorney in the Western District of Oklahoma. The motion was filed pursuant to Fed.R.Crim. P. 48(b) and alleged that the indictment was procured to punish appellant for charging federal officers with unreasonable censorship of mail...

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