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UNITED STATES v. MORALES

No. 79 CR 542.

498 F.Supp. 139 (1980)

UNITED STATES of America v. Fermin Rivera MORALES, Defendant.

United States District Court, E. D. New York.

October 8, 1980.

Attorney(s) appearing for the Case

Edward R. Korman, U. S. Atty., Brooklyn, N. Y. (Thomas G. Roth, Asst. U. S. Atty., Brooklyn, N. Y., of counsel), for plaintiff.

Ira Leitel, New York City, for defendant.

Leon Polsky, Brooklyn, N.Y., Federal Defender Services Unit, The Legal Aid Soc. (Jack Lipson, Thomas Concannon, Darrell Paster, Brooklyn, N.Y., of counsel), for amicus curiae.

NICKERSON, District Judge.

The issue raised in this case is whether the government may question a person who has pleaded guilty and been sentenced about matters related to the subject matter of his criminal charges in the absence of appointed counsel when the time for a F.R. Cr.P. Rule 35 motion for reduction of sentence has not yet expired.

On November 5, 1979 this court appointed Ira Leitel, Esq. to represent the defendant pursuant to the Criminal Justice...

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