KITCHEN v. UNITED STATES

No. 75-4334. Summary Calendar.

532 F.2d 445 (1976)

Richard Bruce KITCHEN, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 25, 1976.


Attorney(s) appearing for the Case

Michael H. Blacker, Miami, Fla., for petitioner-appellant.

Robert W. Rust, U. S. Atty., Joel C. Fanning, Asst. U. S. Atty., Miami, Fla., for respondent-appellee.

Before GODBOLD, DYER and MORGAN, Circuit Judges.


PER CURIAM:

On May 26, 1974, Kitchen, represented by counsel, was convicted in a nonjury trial for the distribution and possession with the intent to distribute 56 grams of phencyclidine and 16 grams of cocaine in violation of 21 U.S.C.A. § 841(a)(1) and 18 U.S.C.A. § 2. The conviction was affirmed on direct appeal. Thereafter, Kitchen filed a motion to vacate sentence pursuant to 28 U.S.C.A. § 2255 on the ground that the Government failed to prove...

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