DAY v. UNITED STATES

No. 20114.

428 F.2d 1193 (1970)

Richard Michael DAY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

June 30, 1970.


Attorney(s) appearing for the Case

Richard Michael Day, pro se.

Bert C. Hurn, U. S. Atty., and Frederick O. Griffin, Jr., Asst. U. S. Atty., Kansas City, Mo., on brief for appellee.

Before MEHAFFY and BRIGHT, Circuit Judges, and HARPER, Chief District Judge.


HARPER, Chief District Judge.

Richard Michael Day, an inmate of the federal penitentiary at Leavenworth, Kansas, appeals pro se from the denial of his motion pursuant to 28 U.S.C. § 2255 to vacate and set aside his conviction and sentence imposed on November 15, 1968.

On September 13, 1968, Day appeared with his retained counsel and entered a plea of guilty to Count 1 of the indictment charging conspiracy in violation of 18 U.S.C. § 371. On November...

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