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SERRANO v. UNITED STATES

No. 471, Docket 35225.

442 F.2d 923 (1971)

Frank SERRANO, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Second Circuit.

Decided May 10, 1971.

Attorney(s) appearing for the Case

Harry C. Batchelder, Jr., New York City (Anthony S. Kaufmann, New York City, of counsel), for appellant.

Guy L. Heinmann, Asst. U. S. Atty. (David G. Trager, Asst. U. S. Atty., of counsel, Edward R. Neaher, U. S. Atty., Eastern Dist. of New York, on the brief), for appellee.

Before WATERMAN, FRIENDLY and KAUFMAN, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

This is an appeal from Judge Rosling's summary denial, without a hearing, of Serrano's motion brought under 28 U.S.C. § 2255 to vacate his conviction of conspiracy to violate 21 U.S.C. § 174. The conviction had been entered upon Serrano's guilty plea of October 28, 1965, taken before then Chief Judge Zavatt of the Eastern District of New York.

Serrano contends that the district court which took his plea failed to...

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