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YBARRA v. UNITED STATES

No. 26591.

461 F.2d 1195 (1972)

Emilio Elisandro YBARRA, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

June 14, 1972.

Attorney(s) appearing for the Case

Charles M. Sevilla (argued), J. Frank McCabe, of Federal Defenders, Inc., San Diego, Cal., for petitioner-appellant.

Douglas G. Hendricks, Asst. U.S. Atty. (argued), Robert H. Filsinger, Asst. U.S. Atty., Harry D. Steward, U.S. Atty., San Diego, Cal., for respondent-appellee.

Before DUNIWAY and CHOY, Circuit Judges, and WHELAN, District Judge.

WHELAN, District Judge:

Appellant appeals from the order of the District Court denying him a Writ of Error Coram Nobis and dismissing his action. This Court has jurisdiction under 28 U.S.C. §§ 1291 and 1294(1).

Appellant moved in the District Court to vacate the sentence imposed on him on December 7, 1944, after his plea of guilty to an indictment charging violation of 21 U.S.C. § 174 on that date...

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