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SHIRLEY v. UNITED STATES

No. 76-1069.

554 F.2d 767 (1977)

Donald Lee SHIRLEY, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed April 29, 1977.

Rehearing Denied August 11, 1977.

Attorney(s) appearing for the Case

Donald Lee Shirley, Terre Haute, Ind., Kurt A. Phillips, Covington, Ky. (Court-appointed), for petitioner-appellant.

John L. Bowers, U. S. Atty., W. Thomas Dillard, Richard K. Harris, Knoxville, Tenn., for respondent-appellee.

Before PHILLIPS, Chief Judge, and EDWARDS and PECK, Circuit Judges.

JOHN W. PECK, Circuit Judge.

Petitioner-appellant perfected this appeal from an order of the district court denying his motion filed under 28 U.S.C. § 2255 to vacate a guilty plea entered by him and a sentence imposed thereunder to a charge of robbery under 18 U.S.C. § 13 (Federal Assimilative Crimes Act and Tenn.Code Ann. § 39-3901). He received a five to seven years committed sentence.

The Assimilative Crimes Act provides that whoever is guilty...

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