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SMEDBERG v. UNITED STATES

No. 71-2555.

448 F.2d 401 (1971)

Edward Alfred SMEDBERG, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 24, 1971.

Attorney(s) appearing for the Case

Edward A. Smedberg, pro se.

Anthony J. P. Farris, U. S. Atty., Houston, Tex., for respondent-appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

DYER, Circuit Judge:

By § 2255 motion, Smedberg challenges the District Court's judgment of conviction entered after he pled guilty to violating 26 U.S.C.A. § 4744(a)(2). Smedberg asserts that Leary v. United States, 1968, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57, should be retrospectively applied and that he has not effectively waived his fifth amendment privilege. The District Court denied his petition. The application for...

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