MALOFSKY v. UNITED STATES

No. 68 Civ. 3469.

293 F.Supp. 1122 (1968)

Robert MALOFSKY, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court S. D. New York.

December 31, 1968.


Attorney(s) appearing for the Case

Robert Malofsky, pro se.

Robert M. Morgenthau, U. S. Atty. for the Southern District of New York, New York City, for the United States; Leonard M. Marks, Asst. U. S. Atty., of counsel.


OPINION

WEINFELD, District Judge.

Petitioner, now confined at the federal penitentiary at Lewisburg, Pennsylvania, seeks his release upon a writ of habeas corpus pursuant to 28 U.S.C., section 2255. He was charged in one count of a three-count indictment with a narcotics violation. After trial to a jury before this Court on March 15 and 16, 1967, petitioner was found guilty and sentenced to the minimum mandatory term of five years. The Court of Appeals affirmed...

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