No. 20790.

371 F.2d 714 (1967)

Enrique Reyes LEYVAS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

January 6, 1967.

Attorney(s) appearing for the Case

Enrique Reyes Leyvas, in pro. per.

Manuel L. Real, U. S. Atty., Robert L. Brosio, Asst. U. S. Atty., Chief Crim. Div., Marcus O. Tucker, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before HAMLEY and ELY, Circuit Judges, and SOLOMON, District Judge.

HAMLEY, Circuit Judge:

Enrique Reyes Leyvas appeals from a district court order denying his motion, made under Rule 35, Federal Rules of Criminal Procedure, to "Correct and/or Modify Sentence."

On April 29, 1957, Leyvas was convicted by a jury on counts 10, 11 and 17 of a multicount indictment for violations of section 2(c) of the Narcotic Drugs Import and Export Act, 70 Stat. 570 (1956), 21 U.S.C. § 174 (1964). He was sentenced to five years imprisonment...


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