BURNS v. UNITED STATES

No. 76-1890.

552 F.2d 828 (1977)

Steven Frank BURNS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 11, 1977.


Attorney(s) appearing for the Case

Philip M. Bowen, Omaha, Neb., for appellant.

Thomas D. Thalken, Asst. U. S. Atty., Omaha, Neb., for appellee; Daniel E. Wherry, U. S. Atty., Omaha, Neb., on brief.

Before GIBSON, Chief Judge, MATTHES, Senior Circuit Judge, and HENLEY, Circuit Judge.


MATTHES, Senior Circuit Judge.

This action was commenced by appellant pursuant to 28 U.S.C. § 2255, to vacate a sentence imposed on him following his plea of guilty to violating 18 U.S.C. § 2312, commonly referred to as the Dyer Act.

On November 6, 1974, appellant, represented by counsel, appeared in the district court for arraignment, waived prosecution by indictment and entered a plea of guilty to the Dyer Act charge. On November 22, 1974, the...

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