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U.S. v. GAUDET

No. 95-30638.

81 F.3d 585 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Stanley J. GAUDET, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 30, 1996.

Attorney(s) appearing for the Case

Fred Patrick Harper, Jr., Stephen A. Higginson, Assistant U.S. Attorney, Office of United States Attorney, New Orleans, LA, for plaintiff-appellee.

Julian R. Murray, Jr., Chehardy, Sherman, Ellis, Breslin & Murray, Metairie, LA, for defendant-appellant.

Before REAVLEY, DAVIS and SMITH, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Stanley Gaudet appeals the denial of his motion under 28 U.S.C. § 2255 for vacatur of his conviction and sentence. He argues that the court that convicted and sentenced him lacked jurisdiction to do so because he had not waived his right to be prosecuted by indictment. He also contends that he received ineffective assistance of counsel. Concluding that Gaudet's arguments are without merit...

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