BAEZA v. UNITED STATES

No. 76-1415. Summary Calendar.

543 F.2d 572 (1976)

Reynaldo Medrano BAEZA, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied January 10, 1977.


Attorney(s) appearing for the Case

Raymond C. Caballero, El Paso, Tex., for petitioner-appellant.

John E. Clark, U. S. Atty., Le Roy Morgan Jahn, Wayne F. Speck, Asst. U. S. Attys., San Antonio, Tex., for respondent-appellee.

Before GODBOLD, HILL and FAY, Circuit Judges.


Rehearing and Rehearing En Banc Denied January 10, 1977.

PER CURIAM:

On August 20, 1974, appellant Baeza, pursuant to advice of counsel, entered a guilty plea to an indictment charging a violation of 21 U.S.C.A. § 952(a). Contending that the indictment was fatally defective, Baeza presently appeals the denial without a hearing of his 28 U.S.C.A. § 2255 motion for post conviction relief.

The grounds for the challenge to the indictment are...

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