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GONZALEZ v. UNITED STATES

No. 5056.

247 F.2d 489 (1957)

Diego GONZALEZ, Defendant, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals First Circuit.

August 27, 1957.

Attorney(s) appearing for the Case

Diego Gonzalez, pro se.

Ruben Rodriguez-Antongiorgi, U. S. Atty., San Juan, Puerto Rico, for appellee.

Before MAGRUDER, Chief Judge, and BIGGS and WOODBURY, Circuit Judges.

BIGGS, Circuit Judge.

This case has been before us on two previous occasions. On the first appeal, reported at 1 Cir., 1955, 224 F.2d 431, we reversed an order of the court below refusing to grant a motion made by Gonzalez pursuant to Section 2255, Title 28 U.S.C., to correct a sentence of imprisonment imposed upon him as a second offender for violations of the narcotic laws. We held that Gonzalez could not be sentenced as a second...

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