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BARTELT v. UNITED STATES

No. 74-1793 Summary Calendar.

505 F.2d 647 (1974)

John Frederick BARTELT, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 26, 1974.

Attorney(s) appearing for the Case

Victor R. Arditti, El Paso, Tex. (Court-appointed), for plaintiff-appellant.

William S. Sessions, U. S. Atty., San Antonio, Tex., William B. Hardie, Jr., Asst. U. S. Atty., El Paso, Tex., for defendant-appellee.

Before BROWN, Chief Judge, and THORNBERRY and AINSWORTH, Circuit Judges.

PER CURIAM:

Appellant filed a § 2255 motion to vacate the sentence from a jury trial conviction under 8 U.S.C. § 1324(a) (2), the illegal transportation of aliens. He alleged that his retained counsel was ineffective for failing to prosecute and perfect a direct criminal appeal. The District Court denied the motion without a hearing, and we vacated and remanded for an evidentiary hearing. Bartelt v. Guinn, 5 Cir., 1973, 485 F.2d 250

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