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UNITED STATES v. FITZGIBBON

No. 79-1281.

619 F.2d 874 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth C. FITZGIBBON, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided April 22, 1980.

Attorney(s) appearing for the Case

Joseph F. Dolan, U. S. Atty., and Rod W. Snow, Asst. U. S. Atty., Denver, Colo., for plaintiff-appellee.

Richard S. Henderson, San Diego, Cal., for defendant-appellant.

Before SETH, Chief Judge, McWILLIAMS and BARRETT, Circuit Judges.

BARRETT, Circuit Judge.

Kenneth C. Fitzgibbon (Fitzgibbon) appeals from a judgment denying his motion to vacate sentence imposed pursuant to 28 U.S.C. § 2255.

Background

Fitzgibbon is presently incarcerated following his conviction by a jury of knowingly and willfully making a false statement in violation of 18 U.S.C. § 1001, in connection with carrying on his person foreign currency in excess of $5,000.00 through United States Customs...

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