BANKS v. UNITED STATES

No. 69 Civ. 4601.

319 F.Supp. 649 (1970)

Paul BANKS, Petitioner, v. UNITED STATES of America, Respondent.

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

April 14, 1970.


Attorney(s) appearing for the Case

Paul Banks, pro se.

Robert M. Morgenthau, U. S. Atty. for the Southern District of New York, for the United States, by Thomas J. Fitzpatrick, Asst. U. S. Atty., New York City.


MANSFIELD, District Judge.

Petitioner, who is presently serving a 10-year sentence as a second narcotics offender, 26 U.S.C. § 7237(c), moves pursuant to 28 U.S.C. § 2255 to set aside his earlier narcotics conviction and sentence on the grounds (1) that his guilty plea was involuntary and made without an understanding of the charge or knowledge of its consequences; and (2) that the statutes under which he was convicted, 21 U.S.C. § 176a, 26 U.S.C. ...

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