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UNITED STATES v. LEYVAS

No. 26886.

446 F.2d 901 (1971)

UNITED STATES of America, Appellee, v. Seferino LEYVAS, Appellant.

United States Court of Appeals, Ninth Circuit.

July 14, 1971.

Attorney(s) appearing for the Case

Seferino Leyvas, in pro. per.

Robert L. Meyer, U. S. Atty., David R. Nissen, Chief, Crim. Div., Arnold G. Regardie, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before MERRILL, HUFSTEDLER and TRASK, Circuit Judges.

PER CURIAM:

Appellant appeals from an order denying his petition for relief filed pursuant to 28 U.S.C. § 2255. His petition and this appeal are based on his contention that the district court's sentencing of his codefendants Carbajal and Sendejas for a violation of 18 U.S.C. § 371 (the general conspiracy statute) and its sentencing appellant for a violation of 21 U.S.C. § 176a (marihuana smuggling), when all three had been charged in a single count...

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