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ODOM v. UNITED STATES

No. 71-1447.

455 F.2d 159 (1972)

Berlin Acey ODOM, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied March 30, 1972.

Attorney(s) appearing for the Case

Laurence W. Kessenick, of Hassard, Bonnington, Rogers & Huber, San Francisco, Cal., for plaintiff-appellant.

Robert L. Meyer, U. S. Atty., Eric A. Nobles, Chief, Crim. Div., Stephen V. Wilson, David P. Curnow, Asst. U. S. Attys., Los Angeles, Cal., for defendant-appellee.

Before MERRILL, CARTER and HUFSTEDLER, Circuit Judges.

PER CURIAM:

This is an appeal from an order denying Odom's application for relief under § 2255, Title 28, United States Code. The conviction under which Odom is serving time was affirmed by the same panel of this court now sitting on the case. United States v. Odom (9 Cir. 1970) 423 F.2d 875.

Odom raises three questions on appeal: (1) Should the trial judge have disqualified himself from presiding over the 2255 hearing...

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