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UNITED STATES v. BRACKETT

No. 75-1495.

567 F.2d 501 (1977)

UNITED STATES of America v. Walter S. BRACKETT, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 18, 1977.

Attorney(s) appearing for the Case

Larry P. Ellsworth, Washington, D.C. (appointed by this court), for appellant.

Mark H. Tuohey, III, Asst. U.S. Atty., Washington, D.C., with whom Earl J. Silbert, U.S. Atty., and John A. Terry, Asst. U.S. Atty., Washington, D.C., were on the brief, for appellee.

Before BAZELON, Chief Judge, and WRIGHT, McGOWAN, TAMM, LEVENTHAL, ROBINSON, MacKINNON, ROBB and WILKEY, Circuit Judges, sitting en banc.

Opinion for the court by Circuit Judge McGOWAN, in which Circuit Judges WRIGHT, TAMM, LEVENTHAL, and WILKEY join.

Separate concurring opinion by Circuit Judge MacKINNON, in which Circuit Judge ROBB joins.

Dissenting opinion by Chief Judge BAZELON, in which Circuit Judge ROBINSON joins.

McGOWAN, Circuit Judge:

In this appeal from the denial by the District Court of appellant's motion for collateral relief under 28 U.S.C. § 2255, the court...

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