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UNITED STATES v. SIMPSON

No. 24817.

475 F.2d 934 (1973)

UNITED STATES of America v. Emanuel W. SIMPSON, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided January 26, 1973.

Rehearing Denied March 15, 1973.

Attorney(s) appearing for the Case

Dennis G. Lyons, Washington, D. C., with whom Douglas G. Robinson, Washington, D. C., was on the brief, for appellant.

Broughton M. Earnest, Asst. U. S. Atty., with whom Thomas A. Flannery, U. S. Atty., at the time the brief was filed, John A. Terry and John T. Kotelly, Asst. U. S. Attys., were on the brief, for appellee. John G. Gill, Jr., Asst. U. S. Atty., also entered an appearance for appellee.

Before BAZELON, Chief Judge, and WRIGHT and LEVENTHAL, Circuit Judges.

PER CURIAM:

This case, involving appellant's petition under 28 U.S.C. § 2255 to set aside his plea of guilty to an armed robbery charge, has been before this court on two prior occasions.1 Following the second remand, a hearing was held on petitioner's allegation that his assigned counsel falsely represented to him that the trial judge had given assurance that defendant would be sentenced under the Youth Corrections Act.

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