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CABRERA v. UNITED STATES

Civ. No. 71 4767.

357 F.Supp. 1380 (1972)

George CABRERA, Petitioner, v. UNITED STATES of America, Respondent.

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

December 7, 1972.

Attorney(s) appearing for the Case

Neal J. Hurwitz, New York City, for petitioner.

Whitney North Seymour, Jr., U. S. Atty., by Arthur J. Viviani, Asst. U. S. Atty., New York City, for respondent.

Memorandum Opinion on Motion to Vacate Conviction

MOTLEY, District Judge.

Petitioner was indicted on November 17, 1969 and charged with selling heroin in violation of 21 U.S.C. §§ 173, 174 and selling heroin not in pursuance of a written order form in violation of 26 U. S.C. §§ 4705(a), 7237(b). (Indictment 69 Cr. 806). The trial commenced on August 30, 1971. On August 31, following the close of the government's case, petitioner...

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