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UNITED STATES v. KNIGHT

No. 80-1335.

638 F.2d 46 (1981)

UNITED STATES of America, Appellee, v. George Wayne KNIGHT, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 14, 1981.

Attorney(s) appearing for the Case

Edward G. Warin, U. S. Atty. and Robert F. Kokrda, Asst. U. S. Atty., Omaha, Neb., for appellee.

John E. Kelly, Springfield, Mo., for appellant George W. Knight.

Before BRIGHT, ROSS and McMILLIAN, Circuit Judges.

PER CURIAM.

George W. Knight appeals the district court's refusal to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255. The district court1 determined that the relief sought by Knight could not be appropriately granted through a motion under section 2255 but only by way of a writ of habeas corpus. Construing Knight's motion as a writ of habeas corpus, the court dismissed the action for lack of jurisdiction over Knight...

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