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CALDWELL v. UNITED STATES

No. 80-5103.

651 F.2d 429 (1981)

William Eldridge CALDWELL, Jr., Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed June 16, 1981.

Attorney(s) appearing for the Case

William Eldridge Caldwell, Texarkana, Tex., Paul Brickner, court-appointed, Willoughby, Ohio, for petitioner-appellant.

Patrick H. Molloy, U. S. Atty., Barbara B. Edelman, Marilyn S. Daniel, Asst. U. S. Attys., Lexington, Ky., for respondent-appellee.

Before ENGEL, KEITH and MERRITT, Circuit Judges.

KEITH, Circuit Judge.

William E. Caldwell, Jr. was convicted of attempted bank robbery on February 11, 1976. The conviction was upheld by this court in an unpublished order in United States v. Caldwell, 549 F.2d 802 (6th Cir. 1976), cert. denied, 431 U.S. 919 (1977). Caldwell now petitions for habeas relief under 28 U.S.C. § 2255.1

FACTS

On the morning of May 24, 1974, two armed men wearing ski masks...

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