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RIOS-TALAMANTES v. UNITED STATES

No. 76-1821. Summary Calendar.

538 F.2d 94 (1976)

Miguel RIOS-TALAMANTES, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

September 3, 1976.

Attorney(s) appearing for the Case

Miguel Rios Talamantes, pro se.

John E. Clark, U.S. Atty., LeRoy Morgan Jahn, Ronald P. Guyer, Asst. U.S. Attys., San Antonio, Tex., for respondent-appellee.

Before COLEMAN, GOLDBERG and GEE, Circuit Judges.

PER CURIAM:

Appellant, Miguel Rios-Talamantes, was indicted on January 18, 1973, for distribution of heroin, in violation of 21 U.S.C. § 841(a)(1). Rios-Talamantes was convicted on a guilty plea.

Rios-Talamantes subsequently petitioned for relief from his sentence in the district court under 28 U.S.C. § 2255. He alleged that his indictment was invalid because it was signed by a "Special Attorney" rather than by the permanent United States Attorney...

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