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Flynn v. United States

UNITED STATES COURT OF APPEALS THIRD CIRCUIT.


October 23, 1968

GEORGE HARRISON FLYNN, APPELLANT,
v.
UNITED STATES OF AMERICA.

Before McLAUGHLIN, STALEY and VAN DUSEN, Circuit Judges.

Per Curiam.

This appeal challenges a November 30, 1967, District Court order denying an application to vacate or otherwise correct, pursuant to F.R.Crim.P. 35 or 28 U.S.C. § 2255, a 15-year sentence entered September 23, 1966, on pleas of guilty to two counts of an indictment charging violation of 18 U.S.C. § 2113(a). This District Court order recited that appellant had filed a prior application (Civil No. 172-67) which was "substantially the same" and that this order was being entered for "the reasons set forth" in the Memorandum filed in that prior action on April 20, 1967, when the prior application was denied.*fn1

After careful examination of the record and the briefs, the order of November 30, 1967, will be affirmed for the reasons stated by Senior Judge Madden in his Memorandum of April 20, 1967 (Civil No. 172-67, D.N.J.).*fn2


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