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ARMSTRONG v. UNITED STATES

No. 30437 Summary Calendar.

440 F.2d 658 (1971)

Archie ARMSTRONG, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 18, 1971.

Attorney(s) appearing for the Case

Harry L. Hudspeth, El Paso, Tex., for petitioner-appellant.

Seagal V. Wheatley, U. S. Atty., Victor K. Sizemore, Asst. U. S. Atty., El Paso, Tex., for respondent-appellee.

Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.

PER CURIAM:

We consider an appeal from the district court's denial of a motion to vacate and set aside judgment and sentence pursuant to Title 28, U.S.C. § 2255. We affirm.

Appellant Archie Armstrong was arrested on or about June 30, 1950, and charged with rape. Since the rape was alleged to have occurred on the military reservation at Fort Bliss, Texas, Armstrong was prosecuted in the federal district court...

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