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McGAUGHEY v. UNITED STATES

No. 78-1299.

596 F.2d 796 (1979)

Donald Eugene McGAUGHEY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 11, 1979.

Attorney(s) appearing for the Case

Ronald L. Hall, Asst. Federal Public Defender, Kansas City, Mo., for appellant; David R. Freeman, Federal Public Defender, Kansas City, Mo., on brief.

J. Whitfield Moody, Asst. U.S. Atty., Kansas City, Mo., for appellee; Ronald S. Reed, Jr., U.S. Atty., and Frederick O. Griffin, Jr., Asst. U.S. Atty., Kansas City, Mo., on brief.

Joseph A. Barry, Gen. Counsel, and David C. Shipman, Atty., U.S. Parole Commission, Washington, D.C., amicus curiae, U.S. Parole Commission.

Donald Eugene McGaughey, pro se.

Before BRIGHT and STEPHENSON, Circuit Judges, and BOGUE, District Judge.

PER CURIAM.

Donald Eugene McGaughey appeals from the dismissal of his petition to vacate sentence under 28 U.S.C. § 2255 (1976). McGaughey contends that the action of the district court in revoking probation on one of four concurrent sentences of probation operated to revoke probation on all of those sentences. Therefore, argues McGaughey, the district court acted improperly in subsequently revoking probation on the other three probationary terms and imposing...

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