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SCIBERRAS v. UNITED STATES

No. 9876.

404 F.2d 247 (1968)

Robert Emanuel SCIBERRAS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

December 12, 1968.

Attorney(s) appearing for the Case

Paul H. Humann, Wichita, Kan., for appellant.

LeRoy V. Amen, Asst. U. S. Atty., District of Wyoming (Robert N. Chaffin, U. S. Atty., with him on the brief), for appellee.

Before PICKETT, HICKEY and HOLLOWAY, Circuit Judges.

PICKETT, Circuit Judge.

The appellant, Sciberras, incarcerated in the United States Penitentiary at Lewisburg, Pennsylvania, brought this action pursuant to 28 U.S.C. § 2255 attacking the validity of one of two concurrent and coterminous sentences he received in the United States District Court for the District of Wyoming. He appeals from an order of that court dismissing the motion without a hearing.

Sciberras was tried and found guilty of a Dyer Act...

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