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UNITED STATES v. LOSING

No. 79-1074.

601 F.2d 351 (1979)

UNITED STATES of America, Appellee, v. Russell LOSING, Jr., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 26, 1979.

Attorney(s) appearing for the Case

Russell Losing, Jr., pro se.

Robert D. Kingsland, U. S. Atty., and Mark A. Helfers, Asst. U. S. Atty., St. Louis, Mo., on brief, for appellee.

Before HEANEY, STEPHENSON and McMILLIAN, Circuit Judges.

PER CURIAM.

On November 29, 1978, Russell Losing, Jr. filed in the district court a "Motion for the `Pre-Existing' Records and Transcripts under 28 U.S.C. § 753(b)." The district court denied the motion for the reason that "any request for a full transcript prior to the filing of a § 2255 complaint is premature." Losing filed a timely notice of appeal and was granted leave to appeal in forma pauperis by the district court. This court has previously ruled...

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