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KASTENBAUM v. UNITED STATES

No. 77-2766.

588 F.2d 138 (1979)

George KASTENBAUM, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 17, 1979.

Attorney(s) appearing for the Case

George Kastenbaum, pro se.

Jack V. Eskenazi, U. S. Atty., Miami, Fla., John H. Burnes, Jr., John J. Klein, Atty., Dept. of Justice, App. Sec., Criminal Div., Washington, D. C., for defendant-appellee.

Before WISDOM, AINSWORTH and CLARK, Circuit Judges.

PER CURIAM:

George Kastenbaum appeals the district court's summary dismissal of his motion to vacate a sentence imposed upon him for a 1970 Hobbs Act conviction. We reverse and remand because the district court erred in refusing to conduct a hearing on the motion.

In February 1970, Kastenbaum and a codefendant, Norman Jacobs, were convicted on one count of conspiracy to extort money in violation of the Hobbs Act,...

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