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TORRES v. UNITED STATES

No. 72-2320.

469 F.2d 651 (1972)

Valentine TORRES, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

November 13, 1972.

Attorney(s) appearing for the Case

Valentine Torres, in pro. per.

Harry D. Steward, U. S. Atty., San Diego, Cal., for respondent-appellee.

Before MERRILL, CHOY and WALLACE, Circuit Judges.

PER CURIAM:

Torres was found guilty of smuggling narcotics in violation of 21 U.S.C. § 176a and on April 13, 1971 he was sentenced to five years imprisonment. He is now in custody under that sentence.

On February 18, 1972, Torres filed a motion to vacate sentence pursuant to 28 U.S.C. § 2255. The district court denied the motion without a hearing and this appeal followed.

Torres contends that he was deprived of his right to appeal by the...

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