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UNITED STATES v. COSTANZO

Nos. 82-5767, 83-5233, 83-5341 and 83-5342.

740 F.2d 251 (1984)

UNITED STATES of America Appellant in No. 83-5233 v. Anthony J. COSTANZO. Appeal of Anthony J. COSTANZO in Nos. 82-5767, 83-5341/42.

United States Court of Appeals, Third Circuit.

Decided July 26, 1984.

As Amended August 6, 1984.

Rehearing and Rehearing Denied August 27, 1984.

Attorney(s) appearing for the Case

Ramsey Clark (argued), Lawrence W. Schilling, New York City, for appellant-cross-appellee, Anthony J. Costanzo.

W. Hunt Dumont, U.S. Atty., Samuel Rosenthal (argued), Chief, Appeals Division, Newark, N.J., for appellee-cross-appellant, United States of America.

Before SEITZ and GARTH, Circuit Judges, and DIAMOND, District Judge.

Rehearing and Rehearing In Banc Denied August 27, 1984.

OPINION OF THE COURT

SEITZ, Circuit Judge.

This case presents an appeal and a cross-appeal from an order of the district court granting petitioner Anthony Costanzo's motion for relief under 28 U.S.C. § 2255. Petitioner moved to dismiss the indictment or in the alternative for a new trial, but the district court granted only a new trial. While the district court did not explicitly refuse...

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