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BERRY v. UNITED STATES

No. 17467.

412 F.2d 189 (1969)

Raymond S. BERRY, Appellant, v. UNITED STATES of America.

United States Court of Appeals Third Circuit.

Decided May 28, 1969.

Attorney(s) appearing for the Case

Edward Mannino, Dilworth, Paxson, Kalish, Kohn & Levy, Philadelphia, Pa., for appellant.

Jerome R. Richter, Asst. U. S. Atty., Philadelphia, Pa. (Drew J. T. O'Keefe, U. S. Atty., Philadelphia, Pa., on the brief), for appellee.

Before SEITZ, ALDISERT and STAHL, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

The appellant pleaded guilty to the illegal sale of narcotic drugs in violation of 21 U.S.C.A. § 174 and was sentenced to fifteen years imprisonment. Under the provisions of Section 7237 of Title 26, he was not eligible for parole because of previous violations of the narcotics laws.1 He was not advised of this ineligibility prior to...

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