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UNITED STATES v. MISSIO

No. 78-3414 Summary Calendar.

597 F.2d 60 (1979)

UNITED STATES of America, Respondent-Appellee, v. Rodger Phillip MISSIO, Movant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 13, 1979.

Attorney(s) appearing for the Case

Theodore J. Sakowitz, Federal Public Defender, Miami, Fla., for movant-appellant.

Jack V. Eskenazi, U. S. Atty., Linda Collins Hertz, Asst. U. S. Atty., Miami, Fla., for respondent-appellee.

Before COLEMAN, FAY and RUBIN, Circuit Judges.

PER CURIAM:

The sole issue presented on this appeal from the denial of habeas corpus relief under 28 U.S.C. § 2255 is whether the District Judge erred in not holding a hearing to permit the petitioner to present evidence on his claim that six convictions listed on his presentence report were unconstitutionally obtained and should not have been considered by the sentencing judge under United States v. Tucker, 404 U.S. 443

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