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UNITED STATES v. EIDUM

No. 72-2286.

474 F.2d 581 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth Wayne EIDUM, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

February 6, 1973.

Attorney(s) appearing for the Case

Kenneth Wayne Eidum, in pro. per.

Stan Pitkin, U. S. Atty., Charles W. Billinghurst, Asst. U. S. Atty., Seattle, Wash., for plaintiff-appellee.

Before BROWNING and GOODWIN, Circuit Judges, and CONTI, District Judge.

CONTI, District Judge:

Kenneth W. Eidum pleaded guilty to violation of 18 U.S.C. § 2312 (Interstate Transportation of a Stolen Motor Vehicle). The trial judge sentenced him to three years. Eidum moved for modification of sentence under 28 U.S.C. § 2255, which motion was denied. He appeals to this court from that denial.

This court has held that when:

"There is a reasonable probability that the defective prior convictions may have led the...

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