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HANKS v. UNITED STATES

No. 53-69.

420 F.2d 412 (1970)

Scotty Shirley HANKS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied March 4, 1970.

Attorney(s) appearing for the Case

Gary M. Bush of Miller, Wilson, Adams & Spencer, Oklahoma City, Okl., for appellant.

Robert J. Roth, U. S. Atty., Dist. of Kansas, Richard E. Oxandale, Asst. U. S. Atty., Dist. of Kansas, on brief, for appellee.

Before HICKEY and HOLLOWAY, Circuit Judges, and EUBANKS, District Judge.

EUBANKS, District Judge.

This is an appeal from the District of Kansas where a motion pursuant to 28 U.S.C. § 2255 was denied without a hearing.

Petitioner was convicted in 1967 of violating 18 U.S.C. § 2114 (Post Office robbery) and was sentenced to serve 25 years in prison. A direct appeal was taken after the original trial and the conviction was affirmed at 388 F.2d 171, cert. denied 393 U.S. 863, 89 S.Ct. 144...

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