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UNITED STATES v. GONZALEZ

No. 365, Docket 26489.

321 F.2d 638 (1963)

UNITED STATES of America, Appellee, v. John GONZALEZ, Petitioner-Appellant.

United States Court of Appeals Second Circuit.

Decided June 25, 1963.

Attorney(s) appearing for the Case

Dodd, Cardiello & Blair, New York City, for petitioner-appellant.

Robert M. Morgenthau, U. S. Atty., Southern Dist. of New York (James M. Brachman, Andrew T. McEvoy, Jr., Asst. U. S. Attys., of counsel), for appellee.

Before WATERMAN, FRIENDLY and SMITH, Circuit Judges.

WATERMAN, Circuit Judge.

John Gonzalez appeals from an order of the United States District Court for the Southern District of New York, Kaufman, J., denying his motion made pursuant to 28 U.S.C. § 2255 to set aside his criminal conviction. Gonzalez was convicted in May 1956 of violating federal narcotics laws, after a trial before Judge Kaufman sitting without a jury. He was sentenced to sixteen years imprisonment and is now in federal custody at La Tuna, Texas...

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