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NOLAN v. UNITED STATES

No. 72-1169.

466 F.2d 522 (1972)

William Rensler NOLAN, Defendant-Appellant, v. The UNITED STATES of America, Plaintiff-Appellee.

United States Court of Appeals, Tenth Circuit.

September 11, 1972.

Attorney(s) appearing for the Case

Harley W. Shaver, Denver, Colo. (E. Michael Canges, Denver, Colo., on the brief), for defendant-appellant.

Glen S. Kelly, Asst. U. S. Atty., Topeka, Kan. (Robert J. Roth, U. S. Atty., and Richard L. Meyer, Asst. U. S. Atty., Topeka, Kan., on the brief), for plaintiff-appellee.

Before BREITENSTEIN, BARRETT and DOYLE, Circuit Judges.

BARRETT, Circuit Judge.

William Rensler Nolan appeals from the trial court's failure to grant him an evidentiary hearing upon his application for habeas corpus relief pursuant to 28 U.S.C.A. § 2255. Nolan was convicted by a jury and sentenced on November 23, 1970, of interstate transportation of a stolen vehicle in violation of 18 U.S.C. A. § 2312.

Nolan predicated his habeas corpus petition in part on the allegation that:

"At the time Petitioner...

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