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GOITIA v. UNITED STATES

No. 71 Civ. 3264.

335 F.Supp. 1044 (1971)

Ricardo Perez GOITIA, Petitioner, v. UNITED STATES of America, Respondent.

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

December 29, 1971.

Attorney(s) appearing for the Case

Ricardo Perez Goitia, pro se.

Whitney North Seymour, Jr., U. S. Atty., S.D. N.Y., New York City, for respondent; Elliot G. Sagor, Asst. U. S. Atty., of counsel.

OPINION

EDWARD WEINFELD, District Judge.

The petitioner moves to vacate and expunge a judgment of conviction for "unlawful possession of Marijuana" entered upon his guilty plea in this Court on February 15, 1950, based upon Leary v. United States,1 which held that a timely assertion of the privilege against self-incrimination was a complete defense to prosecution under 26 U.S.C., section 4744(a).2

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