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FRY v. UNITED STATES

No. 77-2947. Summary Calendar.

569 F.2d 303 (1978)

David Lee FRY, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

As Amended April 24, 1978.

Attorney(s) appearing for the Case

David Lee Fry, pro se.

James R. Gough, Asst. U. S. Atty., J. A. "Tony" Canales, U. S. Atty., George A. Kelt, Jr., Asst. U. S. Atty., Houston, Tex., for respondent-appellee.

Before MORGAN, CLARK and TJOFLAT, Circuit Judges.

PER CURIAM:

Appellant was convicted in the district court on a plea of guilty to robbing a national bank in violation of 18 U.S.C. § 2113 (1970). He subsequently moved to vacate his sentence under 28 U.S.C. § 2255 (1970), contending, as he now does on appeal, that his federal prosecution was maintained in violation of the Department of Justice's Petite Policy. See Petite v. United States,

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