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UNITED STATES v. ESCOBAR

No. 26764.

410 F.2d 748 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Jose ESCOBAR, Defendant-Appellant.

United States Court of Appeals Fifth Circuit.

April 11, 1969.

Attorney(s) appearing for the Case

J. Edwin Smith, Houston, Tex., for appellant.

Ernest Morgan, U. S. Atty., Harry Lee Hudspeth and Romualdo C. Caballero, Asst. U. S. Attys., El Paso, Tex., for appellee.

Before AINSWORTH and SIMPSON, Circuit Judges, and MITCHELL, District Judge.

PER CURIAM:

After the mandate from the direct appeal1 herein went down, Escobar filed his motion below under Title 28, U.S.C., Section 2255, to set aside his sentence as illegal. The district court denied this motion by memorandum order, reproduced in the margin.2 We find no error, and affirm.

We add the following observation. The thrust of appellant's argument...

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