ZOVLUCK v. UNITED STATES

No. 982, Docket 34304.

448 F.2d 339 (1971)

Bernarr ZOVLUCK, Petitioner-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 25, 1971.


Attorney(s) appearing for the Case

Irving L. Weinberger, New York City, for petitioner-appellant.

Richard A. Givens, Sp. Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty. of Southern District of New York, David V. Keegan, Asst. U. S. Atty., of counsel), for defendant-appellee.

Before FRIENDLY, Chief Judge, and HAYS and OAKES, Circuit Judges.


OAKES, Circuit Judge:

Appellant seeks by a motion under 28 U.S.C. § 2255 to set aside an April 22, 1968, conviction. The conviction was for mail fraud and fraudulent use of the initials "U.S." in violation of 18 U.S.C. §§ 1341 and 712 in connection with a clever chiropractic solicitation and collection scheme in 1966 and 1967, that bilked thousands of patients per year. The § 2255 motion is based on a claim, made first on May 23, 1969, of mental...

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