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IRBY v. UNITED STATES

No. 19988.

390 F.2d 432 (1967)

Roy IRBY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 17, 1967.

Attorney(s) appearing for the Case

Mr. William L. Slover, Washington, D. C. (appointed by the District Court), for appellant.

Mr. Charles A. Mays, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and Earl J. Silbert, Asst. U. S. Attys., were on the brief, for appellee.

Mr. Howard P. Willens, Washington, D. C., argued as amicus curiæ.

Before BAZELON, Chief Judge, and DANAHER, BURGER, WRIGHT, McGOWAN, TAMM and LEVENTHAL, Circuit Judges, sitting

ON REHEARING EN BANC

McGOWAN, Circuit Judge, with whom Circuit Judges DANAHER, BURGER, and TAMM join:

In 1958 appellant, represented by counsel, pleaded guilty to the housebreaking and robbery counts of a 9-count indictment, and received consecutive sentences of two to eight years on the one, and four to twelve years on the other. The other counts were then dismissed. In 1965 he moved under 28 U.S.C. § 2255 to regain his liberty on the ground that the...

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