UNITED STATES v. EMBARRATO

No. 286, Docket 24926.

253 F.2d 947 (1958)

UNITED STATES of America, Plaintiff-Appellee, v. Alfred EMBARRATO, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided April 17, 1958.


Attorney(s) appearing for the Case

Jacob W. Friedman, New York City, for defendant-appellant.

Marie L. McCann, Asst. U. S. Atty., E.D.N.Y., Brooklyn, N. Y. (Cornelius W. Wickersham, Jr., U. S. Atty., Brooklyn, N. Y., on the brief), for plaintiff-appellee.

Before CLARK, Chief Judge, L. HAND, Circuit Judge, and DIMOCK, District Judge.


PER CURIAM.

Petitioner, being sentenced in 1955 to the minimum mandatory term of five years as a second offender for violation of the narcotics laws, now seeks to vacate his first conviction had on September 9, 1935. On his petition under 28 U.S.C. § 1651(a) the court accorded him a full hearing of the issue as to his representation by counsel and eventually found that he had been duly represented at the time of his sentence on plea of guilt. There was sharply...

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