BURKE v. UNITED STATES

No. 452-69.

427 F.2d 465 (1970)

Arthur E. BURKE, Petitioner, v. UNITED STATES of America, Respondent.

United States Court of Appeals, Tenth Circuit.

June 12, 1970.


Attorney(s) appearing for the Case

William H. Haring, Denver, Colo., for appellant.

John A. Babington, Asst. U. S. Atty., Albuquerque, N. M. (Victor R. Ortega, U. S. Atty., Albuquerque, N. M., with him on the brief) for appellee.

Before LEWIS, Chief Judge, PICKETT, Senior Circuit Judge, and HICKEY, Circuit Judge.


HICKEY, Circuit Judge.

Appellant Burke filed a petition under 28 U.S.C. § 2255 for habeas corpus relief. The trial court denied relief without a hearing. Burke was convicted by a jury of a violation of the Dyer Act, 18 U.S.C. § 2312 and is serving the sentence imposed. No direct appeal was taken from the conviction.

Immediately prior to his indictment and arraignment on the Dyer Act charge, Burke had been incarcerated by the state court upon a nolo...

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