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DAUGHERTY v. UNITED STATES

No. 19702.

426 F.2d 263 (1970)

Charles Francis DAUGHERTY, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

May 14, 1970.

Attorney(s) appearing for the Case

Donald A. Jones, Murray, Ky. (Court-Appointed), for petitioner-appellant; Overby & Jones, Murray, Ky., on brief.

John R. Wilson, Asst. U. S. Atty., Louisville, Ky., for respondent-appellee; Ernest W. Rivers, U. S. Atty., Louisville, Ky., on brief.

Before PECK and McCREE, Circuit Judges, and McALLISTER, Senior Circuit Judge.

PER CURIAM.

This is an appeal from an order denying, without an evidentiary hearing, a motion under 28 U.S.C. § 2255 to vacate a 15-year sentence imposed after acceptance of a plea of guilty to the offense of bank robbery. Petitioner alleged that he had been denied effective assistance of counsel and that his plea of guilty was involuntary. In support of his motion, Daugherty alleged under oath the following facts:

The petitioner says that on the 4th...

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