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UNITED STATES v. SMITH

No. 377, Docket 27276.

306 F.2d 457 (1962)

UNITED STATES of America, Appellee, v. Oliver SMITH, Petitioner-Appellant.

United States Court of Appeals Second Circuit.

Decided June 27, 1962.

Attorney(s) appearing for the Case

Oliver Smith, petitioner-appellant, pro se.

Robert M. Morgenthau, U. S. Atty., for Southern Dist. of New York, Andrew T. McEvoy, Jr., David Klingsberg, Asst. U. S. Attys., for United States.

Before FRIENDLY, KAUFMAN and HAYS, Circuit Judges.

PER CURIAM.

Oliver Smith appeals from an order of the District Court for the Southern District of New York denying, without an evidentiary hearing, his motion, under 28 U.S.C. § 2255, to set aside a conviction for selling a parcel of heroin on April 28, 1959, which we affirmed at our last term, 283 F.2d 760 (2 Cir., 1960), cert. denied, 365 U.S. 851, 81 S.Ct. 815, 5 L.Ed.2d 815 (1961). Decision hinges on whether the District...

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