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McHENRY v. UNITED STATES

No. 205-69.

420 F.2d 927 (1970)

Edward E. McHENRY, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied March 6, 1970.

Attorney(s) appearing for the Case

D. Keith Anderson, Wichita, Kan. (Robert W. Kaplan and Calvin McMillan, Wichita, Kan., were with him on the brief) for plaintiff-appellant.

James F. Housley, Asst. U. S. Atty. (C. Nelson Day, U. S. Atty., was with him on the brief) for defendant-appellee.

Before MURRAH, Chief Judge, and LEWIS and HILL, Circuit Judges.

LEWIS, Circuit Judge.

This appeal is taken from an order and judgment of the United States District Court for the District of Utah denying post-conviction relief to appellant sought under 28 U.S.C. § 2255. Appellant and his codefendant brother, Carl McHenry, were convicted in 1962 on two counts of an information charging and involving bank robbery. The conviction of each was affirmed on appeal. McHenry v. United States, 10 Cir., 308 F.2d 700<...

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