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FERGUSON v. UNITED STATES

No. 631, Docket 74-2569.

513 F.2d 1011 (1975)

Dexter FERGUSON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Second Circuit.

Decided April 11, 1975.

Attorney(s) appearing for the Case

Michael A. Young, New York City (William J. Gallagher, Legal Aid Society, New York City, on the brief), for appellant.

Richard W. Brewster, Asst. U. S. Atty., E. D. N. Y. (Paul B. Bergman, Paul F. Corcoran, and Ethan Levin-Epstein, Asst. U. S. Attys., on the brief), for appellee.

Before KAUFMAN, Chief Judge, MULLIGAN, Circuit Judge, and THOMSEN, Senior District Judge.

IRVING R. KAUFMAN, Chief Judge:

This appeal from a denial without a hearing of a § 2255 motion requires us to focus our attention on April 2, 1973, when Dexter Ferguson pleaded guilty before Judge Travia to two counts of distributing marijuana in violation of 21 U.S.C. § 841(a)(1). Judge Travia was obliged by § 841(b)(1)(B) to impose upon Ferguson a term of special parole — a period of supervised release after expiration of the regular sentence...

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