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UNITED STATES v. CURTIS

No. 74-2126.

523 F.2d 1134 (1975)

UNITED STATES of America v. Shirley A. CURTIS, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided November 28, 1975.

Attorney(s) appearing for the Case

J. Richard Tiano, Washington, D. C., with whom Robert S. Waters, Washington, D. C. (both appointed by this Court) was on the brief for appellant.

John W. Polk, Asst. U. S. Atty., with whom Earl J. Silbert, U. S. Atty. and John A. Terry, Asst. U. S. Atty., were on the brief for appellee.

Before BAZELON, Chief Judge, FAHY, Senior Circuit Judge, and McGOWAN, Circuit Judge.

PER CURIAM:

Appellant moved pursuant to 28 U.S.C. § 2255 to vacate her ten year sentence under the Narcotic Addict Rehabilitation Act (NARA), 18 U.S.C. § 4251 et seq. The basis of the petition was that she had not been present in court nor given an opportunity to allocute when final sentence was imposed as required by Fed.R.Crim.P. 43 and 32, although she had been present at the initial hearing when the court ordered the examination under NARA. The...

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