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UNITED STATES EX REL. ROSENBERG v. UNITED STATES DIST. CT.

Nos. 71-1591, 71-1592.

460 F.2d 1233 (1972)

UNITED STATES of America ex rel. Allen ROSENBERG, Appellant, and Kenneth Paull v. UNITED STATES DISTRICT COURT FOR EASTERN DISTRICT OF PENNSYLVANIA. Appeal of Kenneth PAULL.

United States Court of Appeals, Third Circuit.

Decided May 5, 1972.

Attorney(s) appearing for the Case

Neil Leibman, Philadelphia, Pa., for appellants.

J. Clayton Undercofler, III, Asst. U. S. Atty., Philadelphia, Pa., for appellee.

Before ADAMS, MAX, ROSENN, and HUNTER, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

On October 7, 1966, the petitioners, Paull and Rosenberg, by federal indictment number 22650, were charged with having committed a bank robbery in December, 1965. They both entered pleas of guilty on October 13, 1966, and were sentenced on January 5, 1968. Unknown to Paull and Rosenberg, indictment number 22650 had been dismissed by leave of court on August 23, 1967, because on January 12, 1967, the grand jury returned indictment...

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