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MARTINEZ v. UNITED STATES

No. 72-1090.

464 F.2d 1289 (1972)

Joe Aragon MARTINEZ, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

August 1, 1972.

Attorney(s) appearing for the Case

Marc Prelo, Asst. Federal Public Defender, for petitioner-appellant.

Richard J. Smith, Asst. U. S. Atty. (Victor R. Ortega, U. S. Atty., and Ruth C. Streeter, Asst. U. S. Atty., on the brief), for respondent-appellee.

Before BREITENSTEIN, BARRETT and DOYLE, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

Appellant's petition, filed pursuant to 28 U.S.C. § 2255, questioning the validity of a sentence imposed in 1966 was denied by the district court. Reversal and remand for resentence in the light of subsequent decisions of the Supreme Court is here sought.

In May of 1966 appellant was found guilty on each of two counts of an indictment which charged (1) violation of 26 U.S.C. 4744(a), unlawful possession of marijuana, and...

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