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GILBERT v. U.S.

Nos. 97-5040, 97-5041.

165 F.3d 470 (1999)

Charles GILBERT (97-5040) and Jennings Gilbert (97-5041), Petitioners-Appellants, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 20, 1999.

Attorney(s) appearing for the Case

Michael Dean (argued and briefed), London, Kentucky, for Petitioners-Appellants.

R. Michael Murphy, Asst. U.S. Atty. (argued and brief), London, Kentucky, for Respondent-Appellee.

Before: BATCHELDER and MOORE, Circuit Judges; CARR, District Judge.

OPINION

CARR, District Judge.

This is an appeal by the defendant-petitioners, Charles Gilbert (Charles) and Jennings Gilbert (Jennings), from the denial of their joint petition for relief under 28 U.S.C. § 2255.1 Appellants allege that, in violation of the Posse Comitatus Act, 18 U.S.C. § 1385 (the Act), they were arrested, and items were seized from them, by members of the Kentucky National Guard.

This contention...

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