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PAYTON v. UNITED STATES

No. 341-70.

436 F.2d 575 (1970)

Raymond Lee PAYTON, Petitioner Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

December 22, 1970.

Attorney(s) appearing for the Case

Gerald E. Wells, Wichita, Kan., for petitioner-appellant.

John E. Green, Asst. U. S. Atty. (William R. Burkett, U. S. Atty., on the brief), for respondent-appellee.

Before BREITENSTEIN, Senior Circuit Judge, HILL, Circuit Judge, and THEIS, District Judge.

THEIS, District Judge.

Appellant Payton appeals from the District Court's order denying his motion to vacate brought pursuant to 28 U.S.C.A. § 2255. The District Court denied the motion without an evidentiary hearing, and we affirm for the reasons stated below.

In 1967 the United States District Court for the Western District of Missouri imposed a ten-year sentence upon appellant for violation of 18 U.S.C.A. § 2113. He does not attack the validity...

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