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MARTINEZ v. UNITED STATES

Civ. A. No. 75-1832.

411 F.Supp. 1352 (1976)

William Torres MARTINEZ, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court, D. New Jersey.

April 23, 1976.

Attorney(s) appearing for the Case

F. Louis Caraballo, Brooklyn, N. Y., for petitioner.

Jonathan L. Goldstein, U. S. Atty. by A. Patrick Nucciarone, Asst. U. S. Atty., Newark, N. J., for respondent.

OPINION

STERN, District Judge.

William Torres Martinez and a co-defendant were charged in a one-count indictment with the knowing possession of goods stolen from an interstate shipment, in violation of Title 18 United States Code, § 659. On the day of trial, after a jury panel had been summoned to the courtroom, Martinez notified the Court that he wished to retract his previous plea of not guilty.1 At all times

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