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DIAZ TORRES v. UNITED STATES

No. 76-1223.

564 F.2d 617 (1977)

Claudio Anthony DIAZ TORRES, Petitioner, Appellant, v. UNITED STATES of America, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided November 4, 1977.

Attorney(s) appearing for the Case

Armando Cardona Acaba, Bayamon, P. R., on brief, for petitioner, appellant.

Julio Morales Sanchez, U. S. Atty., and Jose A. Quiles, Asst. U. S. Atty., San Juan, P. R., on brief, for respondent, appellee.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge, CAFFREY, District Judge.

CAFFREY, District Judge.

This is an appeal from the denial of appellant's § 2255 petition which challenged the constitutionality of the procedure employed at the time he was sentenced for violation of 18 U.S.C. § 2113 (1970) and 18 U.S.C. § 371 (1970).

Appellant pleaded guilty to three counts of an indictment charging him respectively with violations of 18 U.S.C. § 371 (conspiracy to rob a bank), 18 U.S.C. § 2113(a) (bank robbery)...

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