ANDERSON v. UNITED STATES

No. 307-70.

443 F.2d 1226 (1971)

Ralph Oden ANDERSON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Tenth Circuit.

June 16, 1971.


Attorney(s) appearing for the Case

Edwin L. Felter, Jr., Santa Fe, N. M., for appellant.

H. Ralph Klemm, Asst. U. S. Atty. (C. Nelson Day, U. S. Atty., was with him on the brief), for appellee.

Before LEWIS, Chief Judge, ADAMS, Circuit Judge, and BROWN, District Judge.


PER CURIAM.

Appellant Anderson appeals from summary denial, without hearing, of his motion to vacate judgment brought under 28 U.S.C. § 2255. The motion was predicated on newly discovered evidence in the form of an affidavit by a fellow inmate, Joseph Dougherty, stating that he (Dougherty) and one John Fleckinstind, perpetrated one of the crimes for which appellant and a co-defendant were convicted and sentenced. The motion was denied by the trial court in a...

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