ALBAUGH v. UNITED STATES

No. 525-70.

448 F.2d 760 (1971)

Edwin E. ALBAUGH, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

September 16, 1971.


Attorney(s) appearing for the Case

Michael E. Katch, Denver, Colo. (Edwin B. Fieman, Denver, Colo., on the brief), for appellant.

Glenn J. Mecham, Asst. U. S. Atty., Salt Lake City, Utah (C. Nelson Day, U. S. Atty., and H. Ralph Klemm, Asst. U. S. Atty., on the brief), for appellee.

Before PHILLIPS, HILL and DOYLE, Circuit Judges.


HILL, Circuit Judge.

The appeal is from an order denying relief from a judgment of conviction and sentence after a plea of guilty of bank robbery and associated kidnapping.

Appellant entered his plea of guilty to the two counts of the indictment on April 22, 1960, and received a twenty-five year sentence. Nine years later and in 1969, Albaugh filed a § 2255 motion with the sentencing court, alleging, together with other grounds for relief, that the sentencing...

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