McANULTY v. UNITED STATES

No. 72-1275.

469 F.2d 254 (1972)

Harold Gene McANULTY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 14, 1972.

Rehearing and Rehearing Denied December 7, 1972.


Attorney(s) appearing for the Case

Harold Gene McAnulty, pro se.

Daniel Bartlett, Jr., U. S. Atty., and J. Patrick Glynn, Asst. U. S. Atty., St. Louis, Mo., on brief for appellee.

Before BRIGHT and STEPHENSON, Circuit Judges, and TALBOT SMITH, District Judge.


Rehearing and Rehearing En Banc Denied December 7, 1972.

PER CURIAM.

Appellant, Harold Gene McAnulty, petitioned the district court under 28 U.S. C. § 2255 to vacate a six-year prison sentence which he was serving for theft of property from an interstate shipment in violation of 18 U.S.C. § 659. McAnulty asserted that the sentencing judge had given explicit consideration to three prior felony convictions which were allegedly invalid under Gideon...

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