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UNITED STATES v. MONTGOMERY

No. 80-1334. Summary Calendar.

628 F.2d 414 (1980)

UNITED STATES of America, Respondent-Appellee, v. Richard MONTGOMERY, Petitioner-Appellant.

United States Court of Appeals, Fifth Circuit. Unit A.

October 16, 1980.

Attorney(s) appearing for the Case

Richard Montgomery, pro se.

LeRoy Morgan Jahn, Arthur D. Porcella, Asst. U. S. Attys., San Antonio, Tex., for respondent-appellee.

Before BROWN, POLITZ and TATE, Circuit Judges.

PER CURIAM:

Petitioner, Richard Montgomery, presently serving a sentence for bank robbery in violation of 18 U.S.C. § 2113(d), appeals District Court's denial of his § 2255 motion. Montgomery asserts (i) the waiver of indictment he signed upon entering a plea of guilty was invalid because he was not represented by counsel, and (ii) District Court erred in denying his motion without another hearing. Concluding Montgomery...

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