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UNITED STATES v. LIRA

No. 716, Docket 74-2567.

515 F.2d 68 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Rafael LIRA, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 14, 1975.

Attorney(s) appearing for the Case

John C. Corbett, Brooklyn, N. Y., for defendant-appellant.

James E. Nesland, Asst. U. S. Atty. (Paul J. Curran, U. S. Atty., S.D.N.Y., John D. Gordan, III, Asst. U. S. Atty., New York City, of counsel), for plaintiff-appellee.

Before MANSFIELD, OAKES and TIMBERS, Circuit Judges.

MANSFIELD, Circuit Judge:

Rafael Lira, whose true name is Rafael Mellafe, appeals from a narcotics conviction entered against him in the Southern District of New York after a jury trial before Judge Charles E. Stewart. Prior to the trial defendant moved to dismiss the indictment against him, alleging that, since he had been illegally abducted from Chile and tortured by agents of the United States Government, dismissal was mandated by our decision in United States...

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