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UNITED STATES v. ROSARIO

147 F.Supp. 434 (1956)

UNITED STATES of America, Plaintiff, v. Raymond ROSARIO, Defendant.

United States District Court S. D. New York.

Motion for Rehearing Denied October 30, 1956.

Attorney(s) appearing for the Case

Paul W. Williams, U. S. Atty. for the Southern Dist. of New York, New York City, for United States (Jerome J. Londin, Asst. U. S. Atty., New York City, of counsel).

Raymond Rosario, in pro. per.

LEIBELL, District Judge.

The defendant, Raymond Rosario, hereinafter referred to as the petitioner, filed with the Clerk of this Court on August 15, 1956, a motion under Section 2255, Title 28 U.S.C. to vacate the judgment and sentence imposed on Count Eleven of the Indictment. Petitioner contends that Count Eleven [a substantive offense involving the sale of five ounces of heroin on September 15, 1950] was merged in Count One of the indictment [conspiracy to sell...

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