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ARRASTIA v. UNITED STATES

No. 30600.

455 F.2d 736 (1972)

Raymond ARRASTIA, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

February 16, 1972.

Attorney(s) appearing for the Case

William H. Traylor, Director, Legal Assistance for Inmates Program, Emory University School of Law, Thomas E. Baynes, Jr., Asst. Professor of Law, Georgia State Univ., Atlanta, Ga., James C. Bonner, Jr., Emory Legal Assistance for Inmates Program, Decatur, Ga., for petitioner-appellant.

Robert W. Rust, U. S. Atty., Richard A. Hauser, Charles O. Farrar, Asst. U. S. Attys., Miami, Fla., for respondent-appellee.

Before TUTTLE, WISDOM and INGRAHAM, Circuit Judges.

INGRAHAM, Circuit Judge:

STATEMENT OF THE FACTS

Appellant, represented by privately retained counsel, entered pleas of not guilty to three separate counts of an indictment which charged in two counts violations of 26 U.S.C. § 4704(a) and in the third count a violation of 26 U.S.C. § 4705(a).

After trial by the court, he was found guilty and sentenced to two years under Count Two and five years under Count Three to run concurrently. Count...

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