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UNITED STATES v. MONTANEZ

No. 253, Docket 28911.

371 F.2d 79 (1967)

UNITED STATES of America, Appellee, v. Pablo Perez MONTANEZ, Appellant.

United States Court of Appeals Second Circuit.

Decided January 16, 1967.

Attorney(s) appearing for the Case

Leon B. Polsky, New York City (Anthony F. Marra, New York City, on the brief), for appellant.

Paul B. Galvani, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, Richard A. Givens, Asst. U. S. Atty., on the brief), for appellee.

Before LUMBARD, Chief Judge, and HAYS and FEINBERG, Circuit Judges.

FEINBERG, Circuit Judge:

In 1953, appellant Pablo Perez Montanez pleaded guilty in the United States District Court for the District of Puerto Rico to a charge of purchasing narcotic drugs not in or from the original stamped package, and received a three-year sentence. Int.Rev.Code of 1939, § 2553(a) (now Int.Rev.Code of 1954, § 4704(a)). In 1962, appellant pleaded guilty in the United States District Court for the Southern District of New York to a charge...

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