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MAYES v. PICKETT

No. 74-2526.

537 F.2d 1080 (1976)

Robert Melvin MAYES, Appellant, v. George W. PICKETT, Warden, Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied September 8, 1976.

Attorney(s) appearing for the Case

Howard J. DeNike (argued), San Francisco, Cal., for appellant.

Theodore Wai Wu, Asst. U.S. Atty. (argued), Los Angeles, Cal., for appellee.

Before WRIGHT, KILKENNY and TRASK, Circuit Judges.

OPINION

KILKENNY, Circuit Judge:

Mayes appeals from a district court order denying, without a hearing, his motion for relief under 28 U.S.C. § 2255.

On May 28, 1969, appellant pleaded guilty under one count of bank robbery. Two additional counts of bank robbery were dismissed. He was then sentenced to fifteen years in prison. No direct appeal was taken. Two previous § 2255 motions were filed and both denied without hearing. No appeal was...

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