UNITED STATES v. BATTLE

No. 71-1344 Summary Calendar.

447 F.2d 950 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Gustavo BATTLE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 13, 1971.


Attorney(s) appearing for the Case

Prebish & Masin, Michael A. Masin, Miami, Fla., for defendant-appellant.

Robert W. Rust, U. S. Atty., George A. Kokus, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and INGRAHAM and RONEY, Circuit Judges.


PER CURIAM:

On a plea of guilty, the petitioner was convicted on one count of purchasing, selling and distributing cocaine which was not in the original stamped package. He was sentenced to eight years imprisonment and a few days later filed what was denominated a Motion To Mitigate Sentence/Motion For Leave To Withdraw Plea of Guilty and Vacation of Sentence, contending that the misrepresentations of the Government were the forces moving him to plead guilty. In effect...

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