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ALVAREZ v. UNITED STATES

No. 74-3730.

525 F.2d 980 (1976)

David Roberto ALVAREZ, Petitioner-Appellant, v. UNITED STATES of America et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 9, 1976.

Attorney(s) appearing for the Case

Theodore Klein (Court-appointed), Miami, Fla., for petitioner-appellant.

Robert W. Rust, U. S. Atty., Donald L. Ferguson, Asst. U. S. Atty., Miami, Fla., for respondents-appellees.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

GOLDBERG, Circuit Judge:

David Roberto Alvarez seeks relief under 28 U.S.C. § 2255 from his convictions and sentences for violations of 21 U.S.C. §§ 173, 174, and 26 U.S.C. §§ 4704(a) and 4705(a).1 After a trial before the court, he was sentenced on September 23, 1971, to serve seventeen years on Count I (conspiracy), eight years on Count II (conspiracy), and eight years each on Counts IX, X, XI, and XV through...

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