AEBY v. UNITED STATES

No. 26363.

409 F.2d 1 (1969)

Aubrey AEBY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

March 25, 1969.


Attorney(s) appearing for the Case

Thomas M. Dawson, Leavenworth, Kan., for appellant.

Melvin M. Diggs, U. S. Atty., B. H. Timmins, Jr., Asst. U. S. Atty., Dallas, Tex., for appellee.

Before TUTTLE and GEWIN, Circuit Judges, and PITTMAN, District Judge.


PER CURIAM:

The appellant is serving a fifteen-year sentence in a federal penitentiary for narcotics violations. His motion to vacate the judgment of conviction under section 2255 of the Judicial Code was denied by the United States District Court for the Northern District of Texas. In his motion, the appellant alleged that "prejudicial remarks were made before the jury by both the judge and prosecutor in the closing argument...

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