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SMITH v. UNITED STATES

No. 75 C 1880.

427 F.Supp. 20 (1976)

Charles SMITH, Petitioner, v. UNITED STATES of America, Respondent.

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

September 13, 1976.

Attorney(s) appearing for the Case

David G. Trager, U. S. Atty., E.D.N.Y., Brooklyn, N.Y., for respondent; Richard Appleby, Asst. U. S. Atty., Brooklyn, N.Y., of counsel.

Michael A. Young, Legal Aid Society, New York City, for petitioner.

MEMORANDUM OF DECISION AND ORDER

MISHLER, Chief Judge.

The petitioner moves to vacate the plea of guilty to Count One of the indictment, 72 CR 672, on July 17, 1972, before Judge Orrin G. Judd,1 and the judgment and commitment made and entered January 23, 1973, sentencing the petitioner to a prison term of ten years.

THE INDICTMENT

The five-count indictment charged the petitioner with violations of 18 U.S.C...

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