DAVIS v. UNITED STATES

No. 13599.

311 F.2d 495 (1963)

Fred DAVIS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals Seventh Circuit.

January 4, 1963.


Attorney(s) appearing for the Case

Edward W. Rothe, Chicago, Ill., for appellant.

James P. O'Brien, U. S. Atty., Raymond F. Zvetina, Asst. U. S. Atty., Chicago, Ill., for appellee; John Peter Lulinski, Asst. U. S. Atty., of counsel.

Before HASTINGS, Chief Judge, and DUFFY and SWYGERT, Circuit Judges.


SWYGERT, Circuit Judge.

Petitioner-appellant, Fred Davis, is serving a twenty-year sentence of imprisonment for concealing unlawfully imported narcotics (21 U.S.C. § 174). The District Court dismissed his pro se motion (made under 28 U.S.C. § 2255) to vacate the sentence. He has appealed and this Court appointed Edward W. Rothe, Esq., a member of the Chicago Bar, to represent the indigent petitioner.

Petitioner claims that the narcotics, which...

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