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DARIO SANCHEZ v. UNITED STATES

Nos. 6376, 6340, 6379.

341 F.2d 379 (1965)

Ruben DARIO SANCHEZ, Petitioner, Appellant, v. UNITED STATES of America, Respondent, Appellee. Isaac ROBINSON, Petitioner, Appellant, v. UNITED STATES of America, Respondent, Appellee. Harold A. RUSSELL, Petitioner, Appellant, v. UNITED STATES of America, Respondent, Appellee.

United States Court of Appeals First Circuit.

Decided February 10, 1965.

Attorney(s) appearing for the Case

No. 6376:

Donald E. Paulson, of Brown, Rudnick, Freed & Gesmer, Boston, Mass., by appointment of the Court, on brief for appellant.

Francisco A. Gil, Jr., U. S. Atty., and Gilberto Gierbolini, Asst. U. S. Atty., on brief for appellee.

No. 6340:

Anthony A. Giannini, Providence. R. I., for appellant.

William J. Gearon, Asst. U. S. Atty., with whom Raymond J. Pettine, U. S. Atty., was on brief, for appellee.

No. 6379:

Donald E. Paulson, Boston, Mass., by appointment of the Court, with whom Brown, Rudnick, Freed & Gesmer, Boston, Mass., was on brief, for appellant.

William J. Koen, Asst. U. S. Atty., with whom W. Arthur Garrity, Jr., U. S. Atty., was on brief, for appellee.

Before ALDRICH, Chief Judge, and SWEENEY and WYZANSKI, District Judges.

ALDRICH, Chief Judge.

These appeals from denials of three petitions under 28 U.S.C. § 2255, coming from three districts, seek to raise one ultimate question as to the sufficiency of the indictments, and may be disposed of in one opinion. We note, without more, that in two cases there are subsidiary questions which might well be determinative against the individual petitioners, but we prefer to reach the ultimate issue.1 This is whether...

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