LUCIO v. UNITED STATES

No. 25672.

394 F.2d 511 (1968)

Gustavo LUCIO, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

May 9, 1968.


Attorney(s) appearing for the Case

Gustavo Lucio, pro se.

Ralph H. Harris, III, Asst. U.S. Atty., San Antonio, Tex., Ernest Morgan, U.S. Atty., for appellee.

Before TUTTLE and SIMPSON, Circuit Judges, and BREWSTER, District Judge.


PER CURIAM:

The appellant's post-conviction motion to vacate his federal court sentence for violation of the narcotics laws is predicated upon the sole ground that a disparity between his sentence and that of a co-defendant amounted to a violation of his rights under the due process and equal protection clauses of the Constitution of the United States.

The appellant was found guilty by a jury under two counts and received an eight year sentence on each count...

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