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TROTTER v. UNITED STATES

Nos. 212, 213, Dockets 29990, 30056.

359 F.2d 419 (1966)

Johnny TROTTER, also known as John Trotter, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Second Circuit.

Decided April 21, 1966.

Attorney(s) appearing for the Case

William Singer, Hartford, Conn., for appellant.

Samuel J. Heyman, Asst. U. S. Atty. for Dist. of Connecticut (Jon O. Newman, U. S. Atty., on the brief), for appellee.

Before FRIENDLY and HAYS, Circuit Judges, and BLUMENFELD, District Judge.

PER CURIAM.

Appellant Trotter brings this consolidated appeal from the denial of two motions to vacate sentence made pursuant to 28 U.S.C. § 2255, on April 5, 1965 and July 30, 1965.

The first appeal, Docket No. 29990, is from an order denying appellant's motion to vacate a sentence imposed on him, after a plea of guilty, for selling heroin. Appellant claimed that heroin is not a narcotic drug within the meaning of 26 U.S.C. § 4704(a) under which...

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