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BRADY v. UNITED STATES

No. 10110.

404 F.2d 601 (1968)

Robert M. BRADY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

December 17, 1968.

Attorney(s) appearing for the Case

Peter J. Adang, Albuquerque, N. M., for appellant.

John A. Babington, Asst. U. S. Atty. (John Quinn, U. S. Atty., on the brief) for appellee.

Before JONES, BREITENSTEIN and HOLLOWAY, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Appellant seeks § 2255 relief from a 50-year sentence imposed on his guilty plea to a violation of the Federal Kidnaping Act. 18 U.S.C. § 1201. The district court held an evidentiary hearing and denied relief.

In United States v. Jackson, 390 U.S. 570, 88 S.Ct. 1209, 20 L.Ed.2d 138, the Court held that the death penalty provision of the Federal Kidnaping Act imposed an impermissible burden...

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