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UNITED STATES v. CERMARK

No. 79-1633.

622 F.2d 1049 (1980)

UNITED STATES of America, Appellee, v. George W. CERMARK, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 3, 1980.

Attorney(s) appearing for the Case

William Guy Ferris, Boston, Mass., with whom Nutter, McClennen & Fish, Boston, Mass., was on brief, for defendant, appellant.

Richard D. Glovsky, Asst. U. S. Atty., Chief, Civil Division, Boston, Mass., with whom Edward F. Harrington, U. S. Atty., Boston, Mass., was on brief, for appellee.

Before CAMPBELL and BOWNES, Circuit Judges, and WYZANSKI, Senior District Judge.

LEVIN H. CAMPBELL, Circuit Judge.

George Cermark appeals the denial by the district court of his motion under 28 U.S.C. § 2255 to vacate his 12-year sentence for armed bank robbery.1

Cermark, in 1968, was sentenced in state court to a 10-20 year sentence for robbery. In mid-1973, having escaped after failing to return from furlough, Cermark was arrested and later charged with having robbed, with an accomplice, the New England...

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