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OTERO-RIVERA v. UNITED STATES

No. 73-1298.

494 F.2d 900 (1974)

Anibal OTERO-RIVERA, Petitioner, Appellant, v. UNITED STATES of America, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided March 28, 1974.

Attorney(s) appearing for the Case

Rafael Benet, Hato Rey, P. R., on brief, for appellant.

Julio Morales Sanchez, U. S. Atty., and Jorge Rios Torres, Asst. U. S. Atty., San Juan, P. R., on brief for appellee.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

Appellant Otero-Rivera appeals from the denial of his pro se motion filed under 28 U.S.C. § 2255 to vacate his 1959 conviction for sale of narcotics in violation of 26 U.S.C. § 4705(a). The court had imposed the minimum five year sentence, 26 U.S.C. § 7237(b) as amended, and recommended commitment to an institution for treatment and cure of drug addiction. In 1968 when...

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