MONTANEZ v. UNITED STATES


226 F.Supp. 593 (1964)

Pablo Perez MONTANEZ, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court S. D. New York.

February 24, 1964.


Attorney(s) appearing for the Case

Pablo Perez Montanez, pro se.

Robert M. Morgenthau, U. S. Atty., Southern Dist. of New York, by R. Harcourt Dodds, New York City, of counsel, for respondent.


EDELSTEIN, District Judge.

Petitioner, presently incarcerated at Atlanta Federal Penitentiary pursuant to a ten-year sentence has brought a motion under Rule 35, Fed.R.Crim.P.1 to correct the sentence on the ground that it is illegal. On October 17, 1962, petitioner pleaded guilty to an indictment charging him with a violation of the Narcotic Drugs Import and Export Act, 21 U.S.C.A. §§ 173, 174. The indictment charged petitioner...

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