MOODY v. UNITED STATES

No. 73-1853.

497 F.2d 359 (1974)

Jose MOODY, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 22, 1974.


Attorney(s) appearing for the Case

James M. De Zelar, Chicago, Ill., for petitioner-appellant.

Henry A. Schwarz, U. S. Atty., E. St. Louis, Ill., Warren E. White, Asst. U. S. Atty., Danville, Ill., for respondent-appellee.

Before SWYGERT, Chief Judge, CASTLE, Senior Circuit Judge, and SPRECHER, Circuit Judge.


SPRECHER, Circuit Judge.

Although the conviction involved here is affirmed, we are using this appeal to attempt to forestall unnecessary appeals and retrials in the future based upon alleged plea bargaining not shown of record.

I

Defendant Jose Moody was indicted for possession, with intent to distribute, of approximately 295 grams of heroin in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(A).

On August 28, 1972, he appeared...

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