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UNITED STATES v. SMITH

Nos. 75-3870 and 75-4227 Summary Calendar.

534 F.2d 74 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Benjamin Charles SMITH, Defendant-Appellant. Charles Lewis SMITH, a/k/a Benjamin Charles Smith, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied September 27, 1976.

Attorney(s) appearing for the Case

Bluford B. Sanders, Jr., El Paso, Tex. (Court-appointed), for Smith.

John E. Clark, U. S. Atty., San Antonio, Tex., Michael T. Milligan, El Paso, Tex., for U. S.

Before BROWN, Chief Judge, GEWIN and MORGAN, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 27, 1976.

PER CURIAM:

Defendant Benjamin Charles Smith was convicted on October 14, 1975 for his escape from LaTuna Federal Correctional Institution in violation of 18 U.S.C. § 751(a). At trial defendant filed a motion to dismiss the indictment, alleging that he had been denied his right to a speedy trial as guaranteed by the Sixth Amendment. In addition, he filed for a writ of habeas corpus on the same...

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