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UNITED STATES v. RIVERA

No. 325, Docket 23482.

224 F.2d 88 (1955)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony Patino RIVERA, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided July 1, 1955.

Attorney(s) appearing for the Case

Thomas M. Debevoise II, Asst. U. S. Atty. for Southern Dist. of N. Y., New York City (J. Edward Lumbard, U. S. Atty., on the brief), for plaintiff-appellee.

William Richter, New York City, for defendant-appellant.

Before CLARK, Chief Judge, CHASE, Circuit Judge, and RYAN, District Judge.

CLARK, Chief Judge.

Defendant's record clearly indicates that he has been three times convicted of violation of the narcotics laws. On April 29, 1947, he pleaded guilty to three counts of indictment C125-219; he was sentenced on the third count to ten months in jail to be served concurrently with a state sentence, and on the first two counts to a one-year probation after the service of the prison term. On March 10, 1949, he pleaded guilty to violation of parole on...

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