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GEORGE v. UNITED STATES

No. 79-2530.

633 F.2d 1299 (1980)

Theodore GEORGE, Petitioner/Appellant, v. UNITED STATES of America, Respondent/Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 11, 1980.

Attorney(s) appearing for the Case

James W. Kiser, Boise, Idaho, for petitioner/appellant.

Donald L. Harris, Asst. U.S. Atty., Boise, Idaho, for respondent/appellee.

Before BROWNING and PREGERSON, Circuit Judges, and TAKASUGI, District Judge.

PER CURIAM:

Appellant Theodore George was indicted for first degree murder within Indian country in violation of 18 U.S.C. §§ 1111 and 1151. In November 1977, George pleaded guilty to the lesser included offense of second degree murder for which he received a seventeen-year prison sentence. George did not object to the sentence when it was imposed by the district court nor did he take a direct appeal from the judgment of conviction. However, in November...

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