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RUIZ v. UNITED STATES

No. 73-3749. Summary Calendar.

494 F.2d 1 (1974)

Rudolfo RUIZ, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

May 16, 1974.

Attorney(s) appearing for the Case

Rudolfo Ruiz, pro se.

Jeremiah Handy, Asst. U. S. Atty., San Antonio, Tex., for respondent-appellee.

Before WISDOM, GOLDBERG and GEE, Circuit Judges.

PER CURIAM:

Petitioner Ruiz appeals from the denial of a motion to vacate his sentence and set aside his plea of guilty to one count of distributing narcotics in violation of 26 U.S.C. § 4704(a). He contends that relief pursuant to 28 U.S.C. § 2255 is required because: (1) he was not informed that he would be sentenced as a second offender against the federal narcotics laws prior to entering his plea of guilty, and (2) the trial court did not ascertain the...

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