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IRIZARRY v. UNITED STATES

No. 282, Docket 74-1866.

508 F.2d 960 (1974)

Bolivar IRIZARRY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Second Circuit.

Decided December 19, 1974.

As Amended January 23, 1975.

Attorney(s) appearing for the Case

Stephen Gillers, New York City (Metrick & Ostrow, Seymour Ostrow, New York City, of counsel), for appellant.

Lee A. Adlerstein, Asst. U. S. Atty. (David G. Trager, U. S. Atty., E. D. N. Y., Raymond J. Dearie and Thomas R. Pattison, Asst. U. S. Attys., of counsel), for appellee.

Before SMITH, HAYS and MANSFIELD, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

Bolivar Irizarry appeals from an order of the United States District Court for the Eastern District of New York, Mark A. Costantino, Judge, denying his motion under 28 U.S.C. § 2255 to vacate a judgment of conviction for conspiracy to possess and distribute cocaine, entered upon that court's acceptance of Irizarry's plea of guilty. Irizarry attacks that judgment on the ground that the district court accepted his guilty plea...

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