RODRIGUEZ v. UNITED STATES

No. 72-3330.

473 F.2d 1042 (1973)

Jose M. RODRIGUEZ, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

February 12, 1973.


Attorney(s) appearing for the Case

Jose M. Rodriguez, pro se.

Robert W. Rust, U. S. Atty., Robert N. Reynolds, Asst. U. S. Atty., Miami, Fla., for respondent-appellee.

Before JOHN R. BROWN, Chief Judge, and DYER and SIMPSON, Circuit Judges.


PER CURIAM.

Appellant, represented by privately-retained counsel, was convicted upon trial by jury of selling cocaine, in violation of Title 26, U.S.C., Sections 4704(a) and 4705(a). He was sentenced on May 1, 1969, to five years imprisonment. We affirmed on direct appeal. United States v. Rodriguez, 5 Cir. 1971, 437 F.2d 940.

The present appeal is from the trial court's denial, on September 20, 1972 without an evidentiary...

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