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HEMMING v. UNITED STATES

No. 25963.

409 F.2d 11 (1969)

Alva Eugene HEMMING, III, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

March 26, 1969.

Attorney(s) appearing for the Case

Alva Eugene Hemming, III, pro se.

Robert E. Hauberg, U. S. Atty., E. Donald Strange, Asst. U. S. Atty., Jackson, Miss., for appellee.

Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.

PER CURIAM:

Since appellant is without counsel and none has been appointed, the case cannot be orally heard, see Elchuk v. United States, 1962, 370 U.S. 722, 82 S.Ct. 1574, 8 L.Ed.2d 802, and accordingly the case is properly placed on the summary calendar under Fifth Circuit Rule 18.

This is an appeal from the denial of a motion to vacate judgment and sentence, 28 U.S.C. § 2255, after an evidentiary hearing. We deny the...

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