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UNITED STATES v. MARTINEZ

No. 851, Docket 71-1824.

465 F.2d 79 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Nestor MARTINEZ, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 23, 1972.

Attorney(s) appearing for the Case

Donald M. Kresge, New York City (Kaufman, Taylor, Kimmel & Miller, New York City), for defendant-appellant.

W. Cullen Macdonald, Asst. U.S. Atty. (Whitney North Seymour, Jr., U.S. Atty. for Southern District of New York, Richard J. Davis and Peter R. Rient, Asst. U. S. Attys., of counsel), for plaintiff-appellee.

Before MOORE, SMITH and TIMBERS, Circuit Judges.

PER CURIAM:

By permission of the court, Nestor Martinez makes a post-confinement appeal challenging a judgment entered against him on January 9, 1967, in the United States District Court for the Southern District of New York (Lloyd F. MacMahon, Judge) after trial to a jury, convicting him on two counts of selling marijuana, in violation of 21 U. S.C. § 176a, on one count of assaulting with a deadly weapon a federal agent...

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