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McLEAN v. UNITED STATES

No. 79, Docket 71-1215.

451 F.2d 358 (1971)

Kevin McLEAN, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 16, 1971.

Attorney(s) appearing for the Case

Kevin McLean, petitioner-appellant pro se.

Whitney North Seymour, Jr., U. S. Atty., for the S.D.N.Y., W. Cullen MacDonald and Peter F. Rient, Asst. U. S. Attys., of counsel, for respondent-appellee.

Before MURRAH, WATERMAN and SMITH, Circuit Judges.

PER CURIAM:

Kevin McLean, convicted and sentenced after jury trial in the United States District Court for the Southern District of New York, Inzer B. Wyatt, Judge, appeals from denial by Judge Wyatt without a hearing of his petition for vacation of sentence under 28 U.S.C. § 2255. We find no error and affirm the judgment.

The petition, based on a claim of incompetence, set forth no matter not already considered by the court at the time of the criminal...

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