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MICKLUS v. UNITED STATES

No. 75-3481.

537 F.2d 381 (1976)

Gregory MICKLUS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

June 10, 1976.

Attorney(s) appearing for the Case

Gregory Micklus, in pro per.

W. Ronald Jennings, Asst. U. S. Atty., Phoenix, Ariz., for respondent-appellee.

Before DUNIWAY and GOODWIN, Circuit Judges, and CURTIS, District Judge.

OPINION

DUNIWAY, Circuit Judge:

Micklus, a prisoner in federal custody, appeals from a denial, without a hearing, of his motion to vacate his sentence under 28 U.S.C. § 2255. Micklus makes two claims, which we consider separately.

I. Misinformation as to possible maximum penalty.

Micklus was charged in one count with bank robbery under 18 U.S.C. § 2113(a), and in a second count with bank robbery including assault with a...

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