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UNITED STATES v. GOMEZ

No. 14551.

434 F.2d 653 (1970)

UNITED STATES of America, Appellee, v. Gumersindo Perez GOMEZ, Appellant.

United States Court of Appeals, Fourth Circuit.

November 13, 1970.

Attorney(s) appearing for the Case

H. Harrison Braxton, Jr., Fredericksburg, Va. (Court-appointed), for appellant.

Brian P. Gettings, U. S. Atty., and C. P. Montgomery, Jr., Asst. U. S. Atty., for appellee.

Before BOREMAN, WINTER and BUTZNER, Circuit Judges.

PER CURIAM:

Gumersindo Gomez and one Schoppel were tried and convicted of second degree murder in 1958 for the killing of a guard at the federal reformatory in Lorton, Virginia. Schoppel appealed his conviction, and we affirmed. Schoppel v. United States, 270 F.2d 413 (4 Cir. 1959). Gomez did not appeal.

Subsequently, Gomez filed a motion to vacate his sentence under 28 U.S.C. § 2255. The district court denied the motion...

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