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UNITED STATES v. DUHART

Nos. 347-348, Docket 25217-25670.

269 F.2d 113 (1959)

UNITED STATES of America, Respondent-Appellee, v. James DUHART, Petitioner-Appellant.

United States Court of Appeals Second Circuit.

Decided July 22, 1959.

Attorney(s) appearing for the Case

Emily Marx, New York City, for petitioner-appellant.

David P. Bicks, Asst. U. S. Atty., for Southern District of New York, New York City (S. Hazard Gillespie, Jr., U. S. Atty., George I. Gordon and Kevin Thomas Duffy, Asst. U. S. Attys., S.D. N.Y., New York City, on the brief), for respondent-appellee.

Before HINCKS and MOORE, Circuit Judges, and SMITH, District Judge.

HINCKS, Circuit Judge.

Duhart instituted the first of these proceedings by petition under 28 U.S.C. A. § 2255. This challenged the validity of his sentence in 1955 to ten years' imprisonment as a third offender against the narcotic laws, 21 U.S.C.A. § 174. His petition was denied and he appealed. Leave to appeal in forma pauperis was granted and counsel was assigned.

While that appeal was pending, Duhart's assigned counsel brought a second...

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