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HESTAD v. UNITED STATES

Nos. 17398, 17404.

418 F.2d 1063 (1969)

Richard Dean HESTAD and Kenneth Patrick Cupit, Petitioners-Appellees, v. UNITED STATES of America and Keith C. Hardie, U. S. Marshal, Respondents-Appellants.

United States Court of Appeals Seventh Circuit.

November 7, 1969.

Attorney(s) appearing for the Case

Edmund A. Nix, U. S. Atty., John E. Clarke, Atty., Madison, Wis., for appellants.

Paul E. Goldstein, Chicago, Ill., amicus curiae.

Victor V. Blackwell, Covington, La., Kenneth S. Jacobs, Villa Park, Ill., for appellees.

Before SWYGERT and CUMMINGS, Circuit Judges and CAMPBELL, Chief District Judge.

SWYGERT, Circuit Judge.

This is a consolidated appeal from orders granting the petitions of Richard Dean Hestad and Kenneth Patrick Cupit for relief under 28 U.S.C. § 2255. After a hearing on the petitions, the district court vacated the sentences imposed upon the petitioners following their conviction for violation of the Universal Military Training and Service Act.

Each petitioner was charged in an information...

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