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UNITED STATES v. HUERTA

No. CR-76-71-D.

496 F.Supp. 339 (1980)

UNITED STATES of America, Plaintiff, v. Heriberto Nanez HUERTA, Defendant.

United States District Court, W. D. Oklahoma.

February 27, 1980.

Attorney(s) appearing for the Case

David L. Russell, U. S. Atty., by Drew Neville, Asst. U. S. Atty., Oklahoma City, Okl., for plaintiff.

William P. Bleakley, David N. O'Brien, Oklahoma City, Okl., for defendant.

OPINION AND ORDER

DAUGHERTY, Chief Judge.

This is a motion to vacate, set aside, or correct sentence by defendant, an inmate at the United States Penitentiary, Terre Haute, Indiana. Defendant is incarcerated pursuant to judgment and sentence entered in this court on May 5, 1976, following his conviction after trial by jury of violation of 21 U.S.C. § 841(a)(1), distribution of heroin, as charged in a one-count indictment. Defendant

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