SWYGERT, Circuit Judge.
This case presents the issue whether a federal district court has the power and duty to conduct a hearing regarding the constitutional validity of a prior narcotics conviction which a defendant seeks to exclude from the record for the purposes of his sentencing as a second offender as provided for under 21 U.S.C. § 174.
The instant suit commenced with the return of a one-count indictment on November 14, 1967, charging the defendant...
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