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PAULDINO v. UNITED STATES

No. 73-1748.

500 F.2d 1369 (1974)

Michael E. PAULDINO, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided August 7, 1974.

Rehearing Denied September 9, 1974.

Attorney(s) appearing for the Case

Donald P. MacDonald, Denver, Colo. (James C. Fattor, Denver, Colo., on the brief), for petitioner-appellant.

Richard Slivka, Asst. U. S. Atty., Denver, Colo. (James L. Treece, U. S. Atty., Denver, Colo., on the brief), for respondent-appellee.

Before LEWIS, BREITENSTEIN and BARRETT, Circuit Judges.

BARRETT, Circuit Judge.

Michael Pauldino appeals from the denial of his habeas corpus application pursuant to 28 U.S.C.A. § 2255.

Pauldino was convicted on March 31, 1971 of interstate travel with intent to participate in gambling in violation of 18 U.S.C.A. § 1952.1 During the trial the Government presented evidence showing that Pauldino was in the business of gambling, including evidence that: during 1966 he had stated...

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