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UNITED STATES v. KING

Crim. No. 36778-SD.

307 F.Supp. 217 (1969)

UNITED STATES of America, Plaintiff, v. Franzo Wayne KING, Defendant.

United States District Court S. D. California, S. D.

December 16, 1969.

Attorney(s) appearing for the Case

Harry D. Steward, U. S. Atty., Phillip W. Johnson, Asst. U. S. Atty., San Diego, Cal., for plaintiff.

Rodney A. Klein, Virga, Fields & Klein, Sacramento, Cal., for defendant.

OPINION

RUSSELL E. SMITH, District Judge.

Defendant, having pled guilty, was convicted of importing marijuana in violation of 26 U.S.C. § 4755(a) (1) without paying the occupational tax imposed by 26 U.S.C. § 4751.1 Defendant relying on Leary v. United States, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57 (1969), moves to withdraw the plea of guilty...

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