McKNABB v. UNITED STATES

No. 76-2309.

551 F.2d 101 (1977)

John Edward McKNABB, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided March 3, 1977.


Attorney(s) appearing for the Case

John Edward McKnabb, pro se.

Eldon L. Webb, U.S. Atty., William M. Brown, Asst. U.S. Atty., Lexington, Ky., for respondent-appellee.

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


EDWARDS, Circuit Judge.

Appellant McKnabb appeals from denial by a District Judge in the Eastern District of Kentucky of his motion to vacate sentence under 28 U.S.C. § 2255 (1970). After referral of the motion to the United States Magistrate and receipt of the Magistrate's report and recommendation, which report was made without hearing, the District Judge adopted the report and dismissed the cause of action.

Two significant issues are posed by this...

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