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BRAGER v. UNITED STATES

No. 77-1453.

569 F.2d 399 (1978)

Emmit BRAGER, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied April 10, 1978.

Attorney(s) appearing for the Case

Lee M. Simpson, Dallas, Tex. (Court appointed), for petitioner-appellant.

Kenneth J. Mighell, U. S. Atty., Gerhard Kleinschmidt, Asst. U. S. Atty., Fort Worth, Tex., Richard H. Stephens, Asst. U. S. Atty., Dallas, Tex., for respondent-appellee.

Before COLEMAN and FAY, Circuit Judges, and KING, District Judge.

Rehearing and Rehearing En Banc Denied April 10, 1978.

PER CURIAM.

Emmit Brager contests the dismissal of his § 2255 petition as an abuse of process. The petitioner entered a plea of guilty and was convicted in 1972 of theft from an interstate shipment of freight in violation of 18 U.S.C. § 659. He was sentenced to eight years' incarceration. In his most recent petition, Brager argues that the sentence...

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