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SMITH v. UNITED STATES

No. 80-1528.

635 F.2d 693 (1980)

Leonard E. SMITH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 12, 1980.

Certiorari Denied February 23, 1981.

Attorney(s) appearing for the Case

Thomas D. Thalken, First Asst. U. S. Atty., Omaha, Neb., for appellee.

Eric W. Kruger, Omaha, Neb., for appellant.

Before HEANEY, ADAMS, and STEPHENSON, Circuit Judges.

Certiorari Denied February 23, 1981. See 101 S.Ct. 1397.

STEPHENSON, Circuit Judge.

Appellant Smith appeals the dismissal of his 28 U.S.C. § 2255 petition by the United States District Court for the District of Nebraska.1 Appellant moved for an evidentiary hearing and Judge Albert Schatz denied the motion. It is from this denial that appellant appeals. Appellant alleges that the district court erred in denying him an evidentiary...

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