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ABBAMONTE v. UNITED STATES

No. 71 Civ. 5184.

335 F.Supp. 1180 (1972)

Achilles ABBAMONTE, Petitioner, v. UNITED STATES of America, Respondent.

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

January 12, 1972.

Attorney(s) appearing for the Case

Achilles Abbamonte, pro se.

Whitney North Seymour, Jr., U. S. Atty. for Southern District of New York, New York City, for United States of America; Robert P. Walton, Asst. U. S. Atty., of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Petitioner, convicted in November 1954 upon his plea of guilty to (1) violation of sections 173 and 174 of Title 211 (cocaine hydrochloride), and (2) conspiracy to violate the foregoing narcotics laws, moves, some seventeen years thereafter, to vacate the judgment of conviction upon the authority of Turner v. United States,2 which invalidated the presumption...

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