SMITH v. UNITED STATES

No. 149, Docket 33658.

416 F.2d 1255 (1969)

Oliver SMITH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Second Circuit.

Decided October 16, 1969.


Attorney(s) appearing for the Case

Samuel W. Gilman, New York City, for appellant.

Arthur A. Munisteri, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty., for the Southern District of New York, Paul B. Galvani, Asst. U. S. Atty., on the brief), for appellee.

Before MOORE, HAYS and ANDERSON, Circuit Judges.


PER CURIAM:

Oliver Smith appeals from an order of the United States District Court for the Southern District of New York denying without a hearing a petition under 28 U.S.C. § 2255 (1964) to vacate his conviction.

Appellant was convicted of violating 21 U.S.C. §§ 173, 174 (1964). The conviction and orders denying two motions for a new trial were affirmed from the bench by this court.

On this appeal appellant contends that the Government...

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