UNITED STATES v. GARGUILO

No. 180, Docket 28395.

324 F.2d 795 (1963)

UNITED STATES of America, Appellee, v. Ralph GARGUILO, Appellant.

United States Court of Appeals Second Circuit.

Decided November 27, 1963.


Attorney(s) appearing for the Case

Harry H. Voigt, New York City, for appellant.

Donald J. Cohn, Asst. U. S. Atty., Southern Dist. of New York, New York City (Robert M. Morgenthau, U. S. Atty., and John S. Martin, Jr., Asst. U. S. Atty., on the brief), for appellee.

Before LUMBARD, Chief Judge, and KAUFMAN and HAYS, Circuit Judges.


KAUFMAN, Circuit Judge.

After a trial before Judge Palmieri and a jury, Ralph Garguilo was convicted of counterfeiting, 18 U.S.C. § 474, and his conviction was affirmed by this court on appeal. 310 F.2d 249 (2d Cir. 1962). While still imprisoned, Garguilo sought to vacate his eighteen-month sentence under 28 U.S.C. § 2255 on the ground that trial counsel of his own choosing was grossly incompetent. Judge Palmieri found Garguilo...

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