KRUSE v. UNITED STATES

No. 19591.

422 F.2d 849 (1970)

Rudolph Henry KRUSE, Sr., Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Rehearing Denied March 24, 1970.


Attorney(s) appearing for the Case

Arthur L. Brooks, Jr., Lexington, Ky., on brief for appellant.

Ernest W. Rivers, U. S. Atty., Louisville, Ky., on brief for appellee.

Before CELEBREZZE and COMBS, Circuit Judges, and O'SULLIVAN, Senior Circuit Judge.


PER CURIAM.

Petitioner-appellant Kruse is confined in the United States Penitentiary at Leavenworth, Kansas, by reason of concurrent sentences of five years and twenty years imposed following his 1963 conviction of conspiring to commit bank robbery and aiding and abetting in the commission of bank robbery. No direct appeal was taken from these convictions and, in 1966, petitioner's retained trial counsel filed a motion to vacate sentence under 28 U.S.C. § 2255...

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