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WILKINS v. UNITED STATES

No. 13850.

258 F.2d 416 (1958)

Joseph E. WILKINS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided April 10, 1958.

Petition for Rehearing Denied May 21, 1958.

Attorney(s) appearing for the Case

Mr. Sidney S. Sachs, Washington, D. C. (appointed by this Court), with whom Messrs. Lewis Jacobs and Julius Poms, Washington, D. C., were on the brief, for appellant.

Mr. Nathan J. Paulson, Asst. U. S. Atty., with whom Mr. Oliver Gasch, U. S. Atty., and Mr. Lewis Carroll, Asst. U. S. Atty., were on the brief, for appellee.

Before EDGERTON, Chief Judge, and PRETTYMAN and BASTIAN, Circuit Judges.

Petition for Rehearing In Banc Denied May 21, 1958.

PRETTYMAN, Circuit Judge.

Appellant was indicted for violation of the narcotics laws. At trial he withdrew his original plea of not guilty and entered a plea of guilty to two counts of a seven-count indictment. These two counts involved the sale, and the remaining counts the possession, of narcotics. Appellant was sentenced on June 18, 1954. Two and a half years later, on February 13, 1957, he filed a motion...

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