BERRY v. UNITED STATES

No. 17888.

435 F.2d 224 (1970)

David BERRY, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

November 3, 1970.


Attorney(s) appearing for the Case

Elmer J. Schaefer, Chicago, Ill., for petitioner-appellant; Jenner & Block, Chicago, Ill., of counsel.

William C. Lee, U. S. Atty., John R. Wilks, Asst. U. S. Atty., Fort Wayne, Ind., for respondent-appellee.

Before DUFFY, Senior Circuit Judge, and CUMMINGS and KERNER, Circuit Judges.


KERNER, Circuit Judge.

Petitioner-appellant, David Berry, appeals from the district court's summary denial of his pro se petition brought pursuant to 28 U.S.C. § 2255.1 We affirm the action of the district court.

In October, 1959, petitioner was found guilty by a jury on two counts involving the importation and sale of heroin hydrochloride.2 Petitioner was sentenced on

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