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RIVERA v. UNITED STATES

No. 73 Civil 399.

370 F.Supp. 439 (1973)

Julio RIVERA, Petitioner, v. UNITED STATES of America, Respondent.

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

December 28, 1973.

Attorney(s) appearing for the Case

Joseph I. Stone, New York City, for petitioner.

Paul J. Curran, U. S. Atty., for the Southern District of New York, New York City, for United States of America; Don D. Buchwald, Asst. U. S. Atty., of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Petitioner, Julio Rivera, convicted together with Reinaldo Caraballo of selling cocaine in violation of sections 4705 and 7237(b) of Title 26, moves pursuant to 28 U.S.C., section 2255, to vacate his judgment of conviction. The essence of the evidence against Rivera was that he introduced Caraballo to an undercover agent for the purpose of making the illicit sale, following which Caraballo made two separate sales...

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