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UNITED STATES EX REL. SOTO v. UNITED STATES

No. 74-1042.

504 F.2d 1339 (1974)

UNITED STATES of America ex rel. Jose Juan SOTO, Appellant, v. UNITED STATES of America.

United States Court of Appeals, Third Circuit.

Decided October 24, 1974.

Attorney(s) appearing for the Case

Michael J. Izzo, Jr., Orlofsky, Cozen & Begier, Philadelphia, Pa., for appellant.

Robert E. J. Curran, U. S. Atty., Walter S. Batty, Jr., Asst. U. S. Atty., Chief, Appellate Section, Kenneth A. Richie, Asst. U. S. Atty., Philadelphia, Pa., for appellee.

Before VAN DUSEN, HUNTER and WEIS, Circuit Judges.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

This is an appeal from the district court's denial of a motion under 28 U.S.C. § 22551 to vacate or set aside movant-appellant's sentence. Since the facts are set forth in the district court opinion, 369 F.Supp. 232, 233-234 (E.D.Pa. 1973), only the facts most pertinent to the issues now before the court are recited here.

Movant...

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