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BARKER v. UNITED STATES

No. 28249 Summary Calendar.

437 F.2d 107 (1971)

Billy R. BARKER, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 26, 1971.

Attorney(s) appearing for the Case

Bernard J. Capella, New Orleans, La. (court-appointed), Bernard J. Bagert, Jr., New Orleans, La., for petitioner-appellant.

Gerald J. Gallinghouse, U. S. Atty., Robert L. Livingston, Jr., Daniel J. Markey, Jr., Asst. U. S. Attys., for respondent-appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

PER CURIAM:

This is an appeal from the denial, after an evidentiary hearing, of Barker's § 2255 petition, in which he alleged that his guilty plea to violation of 18 U.S. C.A. § 2312 was coerced. He contends that the court did not carry out a deal made between defense counsel, the Assistant United States Attorney, and the District Judge to impose a two year federal sentence to run concurrently with a two year state sentence but instead sentenced Barker to...

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