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BELGARDE v. UNITED STATES

No. 23864.

426 F.2d 746 (1970)

Kermit Arthur BELGARDE, Plaintiff and Appellant, v. UNITED STATES of America, Defendant and Appellee.

United States Court of Appeals, Ninth Circuit.

May 26, 1970.

Attorney(s) appearing for the Case

Harold F. Hanser (argued), Billings, Mont., for plaintiff and appellant.

Eugene A. Lalonde (argued), Asst. U. S. Atty., Otis L. Packwood, U. S. Atty., Billings, Mont., for defendant and appellee.

Before BROWNING, CARTER and WRIGHT, Circuit Judges.

PER CURIAM.

Petitioner, charged with first degree murder for the killing of his father and brother, pled guilty to second degree murder and was sentenced to life imprisonment. He sought relief under 28 U.S.C. § 2255 and complained that the trial court did not comply with Rule 11 Fed.Rules of Crim.Procedure. He relied upon McCarthy v. United States, 394 U.S. 459, 89 S.Ct. 1166, 22 L.Ed.2d 418 (1969), and Heiden v. United States...

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