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SMITH v. UNITED STATES

No. 26176.

454 F.2d 1330 (1972)

James Delbert SMITH, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

January 27, 1972.

Attorney(s) appearing for the Case

James Delbert Smith, in pro. per.

Bart M. Schouweiller, U. S. Atty., Reno, Nev., for appellee.

Before ELY, WRIGHT and CHOY, Circuit Judges.

PER CURIAM:

This is the second time that Smith has come to this court on appeal from a District Court's denial without a hearing of his motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255. The facts relating to his passage through the courts prior to filing the instant motion are set out in full in our first opinion. Smith v. United States, 409 F.2d 1188, 1189 (9th Cir. 1968). There is no need to restate...

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