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VALCARCEL v. UNITED STATES

No. 342, Docket 31133.

409 F.2d 211 (1969)

Marcos VALCARCEL, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided April 1, 1969.

Attorney(s) appearing for the Case

Marcos Valcarcel pro se.

Robert M. Morgenthau, U. S. Atty., for the Southern District of New York, David A. Luttinger and Stephen F. Williams, Asst. U. S. Attys., of counsel, for appellee.

Before SMITH and HAYS, Circuit Judges, and HENDERSON, District Judge.

HAYS, Circuit Judge:

Appellant, Marcos Valcarcel, was convicted on March 3, 1964 of two counts of violations of the federal narcotics laws, 21 U.S.C. §§ 173 and 174 (1964). He was remanded without bail pending the imposition of sentence and on March 26, 1964, he was sentenced to two consecutive 5-year terms of imprisonment.

On April 13, 1964, while still represented by trial counsel and after having filed a notice of appeal, Valcarcel executed an...

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