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BURNS v. UNITED STATES

No. 71-1615.

454 F.2d 809 (1972)

Daniel A. BURNS, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

January 10, 1972.

Attorney(s) appearing for the Case

R. Lamar Couser, Tucson, Ariz., for plaintiff-appellant.

Richard K. Burke, U. S. Atty., William C. Smitherman, Asst. U. S. Atty., Tucson, Ariz., for defendant-appellee.

Before CHAMBERS, DUNIWAY and TRASK, Circuit Judges.

PER CURIAM:

In 1967, Burns was convicted of violating the Dyer Act, 18 U.S.C. § 2312, and we affirmed. Burns v. United States, 9 Cir., 1968, 390 F.2d 659. The present appeal is from an order denying Burns' petition to set aside his conviction, filed under 28 U.S.C. § 2255. The trial judge held an evidentiary hearing at which Burns, his trial counsel, and the chief deputy clerk of the court testified. The judge also had before...

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