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POOL v. UNITED STATES

No. 22485.

404 F.2d 570 (1968)

Eddie POOL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied January 16, 1969.

Attorney(s) appearing for the Case

Eddie Pool, Tamal, Cal., for appellant.

Wm. M. Byrne, Jr., U. S. Atty., Robert L. Brosio, Asst. U. S. Atty., Crim. Div., Ronald S. Morrow, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before JERTBERG, BROWNING and HUFSTEDLER, Circuit Judges.

PER CURIAM:

Appellant was tried to the court on a stipulation of facts and convicted of violations of 21 U.S.C. § 174. We affirmed the conviction on appeal. Pool v. United States, 344 F.2d 943 (9th Cir. 1965). Appellant filed a petition under 28 U.S.C. § 2255, which the district court dismissed without an evidentiary hearing.

Our prior opinion disposes of appellant's contention that his waiver of a jury was invalid...

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