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DAVIS v. UNITED STATES

No. 28758 Summary Calendar.

424 F.2d 1061 (1970)

David A. DAVIS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 20, 1970.

Attorney(s) appearing for the Case

David A. Davis pro se.

Eldon B. Mahon, U. S. Atty., W. E. Smith, Asst. U. S. Atty., Fort Worth, Tex., for respondent-appellee.

Before BELL, AINSWORTH, and GODBOLD, Circuit Judges.

PER CURIAM:

This appeal is taken from an order of the district court denying the petition of a Texas state convict to vacate an earlier federal conviction which was used for enhancement of his present state sentence. We affirm1 for the reasons expressed by Judge Brewster in his opinion, reprinted below in full. The contention that appellant was denied the right to appeal was not presented to the district court and will not be considered...

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