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SCHWARZAUER v. UNITED STATES

No. 72-1589 Summary Calendar.

463 F.2d 775 (1972)

Johnnie Leonard SCHWARZAUER, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 11, 1972.

Attorney(s) appearing for the Case

Johnnie Leonard Schwarzauer, pro se.

C. S. White-Spunner, Jr., U. S. Atty., Irwin W. Coleman, Jr., Edward J. Vulevich, Jr., Asst. U. S. Attys., Mobile Ala., for respondent-appellee.

Before GEWIN, AINSWORTH and SIMPSON, Circuit Judges.

PER CURIAM:

Schwarzauer appeals from the denial by the District Court without an evidentiary hearing of his Section 2255 petition to vacate sentence. Appellant was indicted and tried for first-degree murder of a fellow seaman on the high seas, in violation of 18 U.S.C. § 1111. On the third day of trial defendant withdrew his plea of not guilty and entered a plea of guilty to the lesser crime of second-degree murder contained in the indictment, which plea the...

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