WHALEY v. UNITED STATES

No. 9784.

394 F.2d 399 (1968)

Samuel Curtis L. WHALEY, a/k/a Curtis L. Whaley, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

May 13, 1968.


Attorney(s) appearing for the Case

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

Guy L. Goodwin, Asst. U. S. Atty. (Newell A. George, U. S. Atty., on the brief), for appellee.

Before MARVIN JONES, SETH and HICKEY, Circuit Judges.


SETH, Circuit Judge.

The appellant was charged with possession of a shotgun with an overall length of less than twenty-six inches which had been transferred in violation of 26 U.S. C. § 5851. On April 12, 1965, the appellant entered a plea of guilty to the charge in open court and in the presence of his counsel. Thereafter judgment was entered on the plea, appellant was released on bond, and the court ordered that a presentence investigation be made. Shortly...

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