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UNITED STATES v. BROADUS

No. 23538.

450 F.2d 639 (1971)

UNITED STATES of America v. Judson BROADUS, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Petition for Rehearing Denied November 1, 1971.

Attorney(s) appearing for the Case

Messrs. Gary L. Cowan, Washington, D. C. (appointed by this court), and Mark L. Palmer, Silver Spring, Md., were on the brief for appellant.

Messrs. Thomas A. Flannery, U. S. Atty., and John A. Terry, Oscar Altshuler and Roger M. Adelman, Asst. U. S. Attys., were on the brief for appellee.

Before BAZELON, Chief Judge, and WRIGHT and WILKEY, Circuit Judges.

PER CURIAM:

In this 28 U.S.C. § 2255 (1964) proceeding based on Leary v. United States, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57 (1969), and United States v. Covington, 395 U.S. 57, 89 S.Ct. 1559, 23 L.Ed.2d 94 (1969), the District Court denied relief.

In 1954 appellant pleaded guilty to a violation of what is now 26 U.S.C. § 4744 (a) (1) (1964), obtaining marihuana without having paid...

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