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GALLEGOS v. UNITED STATES

No. 72-1851 Summary Calendar.

466 F.2d 740 (1972)

Herminio H. GALLEGOS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

On Petition for Rehearing and Rehearing December 1, 1972.

Attorney(s) appearing for the Case

Herminio H. Gallegos, pro se.

William S. Sessions, U. S. Atty., San Antonio, Tex., Ronald F. Ederer, Asst. U. S. Atty., El Paso, Tex., for respondent-appellee.

Before JOHN R. BROWN, Chief Judge, and GOLDBERG and MORGAN, Circuit Judges.

On Petition for Rehearing and Rehearing En Banc December 1, 1972.

GOLDBERG, Circuit Judge:

This post conviction case presents an appeal from the summary denial of a motion under 28 U.S.C.A. § 2255 to set aside a judgment and sentence. Perceiving no basis for granting relief in petitioner's motion, the district judge denied the motion without calling for a response from the United States Attorney and without conducting an evidentiary hearing. We find that...

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