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SMITH v. UNITED STATES

No. 18110.

400 F.2d 860 (1968)

Collier Lee SMITH, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals Sixth Circuit.

August 22, 1968.

Attorney(s) appearing for the Case

Frank F. Wilson, II, Lexington, Ky., for appellant.

Pat Molloy, Asst. U. S. Atty., Lexington, Ky., for appellee, George I. Cline, U. S. Atty., Lexington, Ky., on brief.

Before EDWARDS, CELEBREZZE and McCREE, Circuit Judges.

PER CURIAM.

Petitioner appeals from the denial of his motion to vacate sentence under 28 U.S.C. § 2255 (1964). He had pleaded guilty to escaping from the United States Public Health Service Hospital at Lexington, Kentucky in violation of 42 U.S.C. § 261(b) (1964). He was sentenced to five years in the federal penitentiary to be served consecutively to a then current four-year sentence. He claimed before the United States District Judge and now claims before...

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