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SMITH v. UNITED STATES

Nos. 28541, 28542 Summary Calendar.

434 F.2d 612 (1970)

Frank SMITH, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 15, 1970.

Attorney(s) appearing for the Case

Thomas B. Foster, Jr., Houston, Tex., for plaintiff-appellant.

Seagal V. Wheatley, U. S. Atty., Reese L. Harrison, Jr., Asst. U. S. Atty., W. D. Texas, San Antonio, for defendant-appellee.

Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.

PER CURIAM:

Appellant here contests a denial by the district judge, without a hearing, of a motion for release on bail pending final determination on appeal of a motion for new trial. (See Smith v. United States, 5 Cir. 1970, 433 F.2d 149 [No. 28,438]). We affirm the district court.

It is well established that bail after conviction in the trial court is a matter for the sound discretion of that court, and that a convicted...

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