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PETERSON v. UNITED STATES

No. 20260.

432 F.2d 545 (1970)

Gerald D. PETERSON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

October 2, 1970.

Attorney(s) appearing for the Case

Gerald D. Peterson, pro se.

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

Before GIBSON and LAY, Circuit Judges and HUNTER, District Judge.

PER CURIAM.

Appellant Gerald D. Peterson appeals from a denial of his "Motion for Reduction of Sentence" pursuant to Rule 35, Fed.R.Crim.P. Since Peterson's motion was filed on October 24, 1969, more than 120 days after the denial of his application for writ of certiorari on June 2, 1969, by the United States Supreme Court on his direct appeal,1 and since the denial order was not suspended pending his application for rehearing,

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