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JOHNSTONE v. UNITED STATES

No. 28038.

418 F.2d 1094 (1969)

Kenneth Earl JOHNSTONE, Jr., Petitioner-Appellant, v. UNITED STATES of America, Respondents-Appellees.

United States Court of Appeals Fifth Circuit.

December 4, 1969.

Attorney(s) appearing for the Case

Kenneth Earl Johnstone, Jr., pro se.

Edward F. Boardman, U. S. Atty., Joseph W. Hatchett, Asst. U. S. Atty., Jacksonville, Fla., for respondents-appellees.

Before BROWN, Chief Judge, and THORNBERRY and MORGAN, Circuit Judges.

PER CURIAM:

In this pro se case appellant has failed to file a brief within the time fixed by Rule 31, F.R.A.P., and it is therefore appropriate to dispose of this case summarily pursuant to Rule 9(c) (2) of this Court. Stout v. Broom, 5th Cir. 1969, 406 F.2d 758.

The appeal is taken from the order of the district court denying the motion to vacate sentence filed by a federal convict pursuant to 28 U.S.C. § 2255. We affirm...

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