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UNITED STATES v. SMALDONE

No. 75-1959.

544 F.2d 456 (1976)

UNITED STATES of America, Defendant-Appellee, v. Eugene L. SMALDONE, Jr., Plaintiff-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided November 9, 1976.

Attorney(s) appearing for the Case

Edward W. Nottingham, Jr., Asst. U. S. Atty. (James L. Treece, U. S. Atty., Denver, Colo., on the brief), for defendant-appellee.

Alan Y. Cole, Washington, D.C. (Walter H. Fleischer, Washington, D.C., on the brief), of Cole & Groner, Washington, D.C., for plaintiff-appellant; James M. Shellow, Milwaukee, Wis., and Peter H. Ney, Englewood, Colo., of counsel.

Before BARRETT, BREITENSTEIN and DOYLE, Circuit Judges.

BARRETT, Circuit Judge.

Eugene L. Smaldone, Jr. (Smaldone) appeals the denial of his habeas corpus motion under 28 U.S.C. § 2255 to vacate and set aside his conviction and sentence. Smaldone is presently incarcerated in the federal penitentiary in Leavenworth, Kansas.

Smaldone was indicted and tried in the United States District Court for the District of Colorado in 1972. The jury found him guilty of a conspiracy to import cocaine in violation of 21 U...

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