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O'NEIL v. UNITED STATES

No. 240, Docket 73-1843.

486 F.2d 1034 (1973)

Fred O'NEIL, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 25, 1973.

Attorney(s) appearing for the Case

John R. Hupper, New York City, for petitioner-appellant.

David E. Flierl, Asst. U. S. Atty. (John T. Elfvin, U. S. Atty., W. D. N. Y., Buffalo, N. Y.), for respondent-appellee.

Before MOORE, MULLIGAN and OAKES, Circuit Judges.

MULLIGAN, Circuit Judge:

This is an appeal from an order of the United States District Court, Western District of New York, Hon. John O. Henderson, denying without a hearing the petitioner's motion under 28 U.S.C. § 2255 to vacate and set aside a judgment of conviction and the sentence imposed therefor.

The appellant Fred O'Neil was indicted and tried in the Western District of New York for uttering and publishing a forged United States Treasury check...

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