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FELDER v. UNITED STATES

No. 816, Docket 34767.

429 F.2d 534 (1970)

Edward FELDER, Jr., Petitioner-Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Second Circuit.

Decided June 25, 1970.

Certiorari Denied November 9, 1970.

Attorney(s) appearing for the Case

Harry C. Batchelder, Jr., New York City (Henry Huntington Rossbacher, New York City, of counsel), for appellant.

John W. Nields, Jr., Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty. for the Southern District of New York, William B. Gray, New York City, of counsel), for appellee.

Before SMITH and FEINBERG, Circuit Judges, and TENNEY, District Judge.

J. JOSEPH SMITH, Circuit Judge:

Felder, sentenced as a Youth Offender on finding of violation of 21 U.S.C. §§ 173 and 174 after a one-day trial to the Court, jury waived, in the United States District Court for the Southern District of New York, Richard H. Levet, Judge, in 1965, moved under 28 U.S.C. § 2255 to vacate sentence, based on a claim of failure to advise of right to appeal without cost to himself. After hearing, the court, Levet, J., denied...

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