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AEBY v. UNITED STATES

No. 28018.

425 F.2d 717 (1970)

Aubrey AEBY, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

May 11, 1970.

Attorney(s) appearing for the Case

Aubrey Aeby, pro se.

Thomas M. Dawson, Leavenworth, Kan., for appellant.

Eldon B. Mahon, U. S. Atty., B. H. Timmins, Jr., Asst. U. S. Atty., Dallas, Tex., for appellee.

Before RIVES, GEWIN and INGRAHAM, Circuit Judges.

PER CURIAM:

On September 18, 1952, after a jury trial appellant was convicted on two counts for narcotics offenses in violation of Title 21, Section 174 United States Code. As a prior narcotics offender he was sentenced to twenty years' imprisonment. His conviction was affirmed by this Court. Aeby v. United States, 5 Cir. 1953, 206 F.2d 295, cert. den. 346 U.S. 855, 74 S.Ct. 136, 98 L.Ed. 390, rehearing den. 346 U.S. 917, 74 S.Ct. 273, 98 L.Ed. 413. His sentence was...

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