PRADO v. UNITED STATES

No. 69 Civ. 2610.

309 F.Supp. 408 (1970)

Pablo PRADO, Petitioner, v. UNITED STATES of America, Respondent.

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

February 19, 1970.


Attorney(s) appearing for the Case

Pablo Prado, pro se.

Whitney North Seymour, Jr., U. S. Atty., S. D. New York, New York City, for the United States; John J. Kelleher, Asst. U. S. Atty., of counsel.


OPINION

COOPER, District Judge.

Petitioner, Pablo Prado, pled guilty to illegal possession and sale of heroin in violation of 21 U.S.C. § 173 on May 2, 1968. On July 2, 1968 petitioner was sentenced as a second offender under 26 U.S.C. § 7237. Petitioner, pursuant to 28 U.S.C. § 2255, now seeks to set aside his prior conviction for illegally selling marihuana in July 1943, the conviction which served as the basis for his recidivist status...

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