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BATTAGLIA v. UNITED STATES

No. 21711.

390 F.2d 256 (1968)

John L. BATTAGLIA, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

February 21, 1968.

Attorney(s) appearing for the Case

John L. Battaglia, in pro. per.

William M. Byrne, Jr., U. S. Atty., David R. Nissen, Asst. U. S. Atty., Chief, Special Prosecutions Division, Gerald F. Uelmen, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before HAMLEY and ELY, Circuit Judges, and ZIRPOLI, District Judge.

ELY, Circuit Judge:

Appellant Battaglia is a federal prisoner who was convicted on August 19, 1964, for having violated 18 U.S.C. § 1343. He was convicted on six counts of the indictment under which he was charged, and the convictions on two of the counts were affirmed by this court. Battaglia v. United States, 349 F.2d 556 (9th Cir.), cert. denied, 382 U.S. 955, 86 S.Ct. 430, 15 L.Ed.2d 360 (1965). Thereafter, on July 15, 1966...

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