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UNITED STATES EX REL. ENNIS v. FITZPATRICK

No. 367, Docket 35021.

438 F.2d 1201 (1971)

UNITED STATES of America ex rel. Macio ENNIS, Petitioner-Appellant, v. Hon. Walter FITZPATRICK, Warden, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 23, 1971.

Attorney(s) appearing for the Case

Phylis Skloot Bamberger, New York City (Milton Adler, The Legal Aid Society, New York City), for petitioner-appellant.

Edward R. Korman, Asst. U. S. Atty. (Edward R. Neaher, U. S. Atty., E. D. N. Y., David G. Trager, Asst. U. S. Atty., of counsel), for respondent-appellee.

Before SMITH and HAYS, Circuit Judges, and LEVET, District Judge.

J. JOSEPH SMITH, Circuit Judge:

This is an appeal from an order of the United States District Court for the Eastern District of New York, Joseph C. Zavatt, Judge, denying appellant's motion made pursuant to 28 U.S.C. § 2255 to vacate a judgment of conviction entered after a plea of guilty to one count of a four-count indictment charging the sale of marihuana without having paid the required tax, in violation of 26 U.S. C. § 4744(a).

The appellant...

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