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JENKINS v. UNITED STATES

No. 9565.

389 F.2d 765 (1968)

Rubie Charles JENKINS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

February 9, 1968.

Attorney(s) appearing for the Case

Robert B. Miller, Denver, Colo., for appellant.

Benjamin E. Franklin, Asst. U. S. Atty. (Newell A. George, U. S. Atty., was with him on the brief), for appellee.

Before LEWIS, SETH and HICKEY, Circuit Judges.

DAVID T. LEWIS, Circuit Judge.

This is an appeal from an order of the District Court for the District of Kansas denying relief sought by appellant under 28 U.S.C. § 2255. Appellant is presently confined in the United States Penitentiary at Atlanta, Georgia, pursuant to a sentence imposed within the District of Kansas on January 18, 1963, as follows:

"For a period of five (5) years on Count 2 of the indictment, for a period of five (5) years on Count...

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