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MARSHALL v. UNITED STATES

No. 18146.

431 F.2d 355 (1970)

John MARSHALL, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

August 20, 1970.

Attorney(s) appearing for the Case

John Marshall, Richard B. Caifano, Chicago, Ill., for plaintiff-appellant.

William J. Bauer, Thomas A. Foran, U. S. Attys., Peter Vaira, Jr., Sp. Atty., Dept. of Justice, Chicago, Ill., for defendant-appellee; John Peter Lulinski, Jeffrey Cole, Asst. U. S. Attys., of counsel.

Before SWYGERT, Chief Judge, MURRAH, Senior Circuit Judge, and KERNER, Circuit Judge.

KERNER, Circuit Judge.

Petitioner Marshall appeals from the district court's summary denial of his pro se petition brought pursuant to 28 U.S.C. § 2255.1

On July, 28, 1966, petitioner was indicted under seven counts charging violations of 18 U.S.C. §§ 1343, 2314 and 371. After four days of trial, upon the advice of retained counsel, petitioner withdrew his plea of not guilty...

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