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UNITED STATES v. ROSA

No. 29457.

434 F.2d 964 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Ralph Pineda ROSA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 17, 1970.

Attorney(s) appearing for the Case

Samuel S. Forman, Miami, Fla., court-appointed, for defendant-appellant; Ralph Pineda Rosa, pro se.

Robert W. Rust, U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, DYER and INGRAHAM, Circuit Judges.

PER CURIAM:

In a return bout before this Court Appellant Rosa contends that his 1960 three count conviction1 for the purchase and sale of a narcotic drug must be reversed because (i) a transcript of the proceedings in the Trial Court was unavailable at the time that he was preparing his appeal, and because (ii) the Trial Court erred in failing to conduct an evidentiary hearing as ordered by the previous mandate of this Court.

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