BROUGH v. UNITED STATES

No. 71-1161.

454 F.2d 370 (1971)

Harvey Robert BROUGH, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

December 15, 1971.


Attorney(s) appearing for the Case

Edward W. Harris, III, Indianapolis, Ind., for petitioner-appellant.

Stanley B. Miller, U. S. Atty., Richard L. Darst, Asst. U. S. Atty., Indianapolis, Ind., for respondent-appellee.

Before DUFFY, HASTINGS and KNOCH, Senior Circuit Judges.


HASTINGS, Senior Circuit Judge.

The district court granted respondent's motion to dismiss petitioner's motion to vacate judgment and set aside sentence pursuant to 28 U.S.C.A. § 2255.1 Petitioner appealed. We reverse.

Petitioner Harvey Robert Brough was adjudged guilty on May 22, 1968, of violating 50 U.S.C.A. App. § 4622 by failing to register for the draft as required in 50 U.S.C.A. App...

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