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UNITED STATES v. CARABALLO

No. 71 Cr. 84.

334 F.Supp. 843 (1971)

UNITED STATES of America v. Reinaldo CARABALLO and Julio Rivera, Defendants.

United States District Court, S. D. New York.

July 19, 1971.

Attorney(s) appearing for the Case

Whitney North Seymour, Jr., U. S. Atty., S. D. New York, New York City, for United States; Walter J. Higgins, Jr., Asst. U. S. Atty., of counsel.

Cheriff, Greenberg & Tuchman, New York City, for defendant Caraballo; Arnold L. Greenberg, New York City, of counsel.

Albert J. Brackley, Brooklyn, N. Y. for defendant Rivera.

OPINION

EDWARD WEINFELD, District Judge.

The defendants, convicted after trial to a jury for violation of 26 U.S.C. section 4705(a) (selling or giving away cocaine without an order form), were sentenced on June 4, 1971 to the minimum mandatory term of five years, authorized under 26 U.S.C. section 7237(b). They now move for a correction of sentence pursuant to Rule 35 of the Federal Rules of Criminal Procedure, based upon a claim that the enactment of the...

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