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DEARINGER v. UNITED STATES

No. 71-2806.

468 F.2d 1032 (1972)

Jesse Eugene DEARINGER, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied December 1, 1972.

Attorney(s) appearing for the Case

Paul W. Whelan (argued), of Schroeter, Jackson, Goldmark & Bender, Seattle, Wash., for petitioner-appellant.

Charles W. Billinghurst, Asst. U. S. Atty. (argued), Tacoma, Wash., for respondent-appellee.

Before HAMLIN, HUFSTEDLER and GOODWIN, Circuit Judges.

HAMLIN, Circuit Judge.

Petitioner, Jesse Eugene Dearinger, appeals from an order dismissing, without hearing, his application for relief under 28 U.S.C. § 2255. We summarize the testimony.

On November 21, 1962, three men participated in a bank robbery in Pierce County, Washington. One of them, Weinreich,1 stayed with the auto, while Shannon2 and Dearinger entered the bank.

Once inside,...

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