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420 F.2d 690

Docket No. 27770

Smith v. United States

Fifth Circuit Court of Appeals

Decided Jan. 21, 1970.

Fifth Circuit Court of Appeals · decided 1970-01-21

Cited by 3 later decisions — most recently June 1978

2 federal appellate ·

2 counsel of record

Applies 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Murphy v. Houma Well Service · Huth v. Southern Pacific Co. · Sobell v. Attorney General

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1970-01-21

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¶1Summary Calendar.

¶2Joe Smith, pro se.

¶3Ira DeMent, U. S. Atty., William H. Thomas, Asst. U. S. Atty., Montgomery, Ala., for defendant-appellee.

¶4Before GEWIN, GOLDBERG and DYER, Circuit Judges.

¶5PER CURIAM:

¶6All the contentions made by appellant in this appeal from the denial of his motion brought under Title 28 U.S.C.A. § 22551 to set aside sentence have been considered and rejected by this court in his direct appeal. See Smith v. United States, 5 Cir. 1968, 392 F.2d 169; cert. denied 393 U.S. 941, 89 S.Ct. 308, 21 L. Ed.2d 278. The present appeal is therefore frivolous.2

¶7The appeal is dismissed.

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