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GEE v. UNITED STATES

No. 71-1063.

452 F.2d 849 (1971)

Dick Andrew GEE, Petitioner-Appellee, v. UNITED STATES of America, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

December 22, 1971.

Attorney(s) appearing for the Case

James R. Gough, Asst. U. S. Atty., Anthony J. P. Farris, U. S. Atty., Edward B. McDonough, Jr., Carl Walker, Jr., Asst. U. S. Attys., Houston, Tex., for respondent-appellant.

David H. Berg, Houston, Tex., for petitioner-appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

GEWIN, Circuit Judge:

In the presence of counsel, Dick Andrew Gee pled guilty to a charge of failing to submit to induction in the armed forces. He was sentenced to four years in prison. Shortly thereafter he filed a motion to vacate the sentence under 28 U.S.C.A. § 2255 and a motion to modify the sentence under Rule 35 F.R.Cr.P. The district court conducted a hearing on the motion to vacate on June 23, 1970, but no evidence was presented and no witnesses were...

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