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SMITH v. UNITED STATES

No. 27770. Summary Calendar.

420 F.2d 690 (1970)

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

United States Court of Appeals Fifth Circuit.

January 21, 1970.

Attorney(s) appearing for the Case

Joe Smith, pro se.

Ira DeMent, U. S. Atty., William H. Thomas, Asst. U. S. Atty., Montgomery, Ala., for defendant-appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

PER CURIAM:

All the contentions made by appellant in this appeal from the denial of his motion brought under Title 28 U.S.C.A. § 22551 to set aside sentence have been considered and rejected by this court in his direct appeal. See Smith v. United States, 5 Cir. 1968, 392 F.2d 169; cert. denied 393 U.S. 941, 89 S.Ct. 308, 21 L. Ed.2d 278. The present appeal is therefore frivolous.

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