UNITED STATES v. GROSSBERG


47 F.2d 597 (1931)

UNITED STATES v. GROSSBERG.

Circuit Court of Appeals, Second Circuit.

January 19, 1931.


Attorney(s) appearing for the Case

Robert E. Manley, acting U. S. Atty., of New York City (Ellamarye Failor, of New York City, of counsel), for the motion.

David P. Siegel, of New York City (Leo H. Klugherz and Milton B. Seasonwein, both of New York City, of counsel), opposed.

Before L. HAND, SWAN, and CHASE, Circuit Judges.


PER CURIAM.

Grossberg was indicted in the District Court, and the indictment came on for trial on February 27, 1930, when the jury disagreed. He thereupon pleaded guilty, and was put on probation for two years. On June 27, 1930, the United States moved to revoke his probation; the court heard the application on notice, revoked the probation, and sentenced him to a year and a day at Atlanta, execution to begin on July 12th. On July 11, 1930, he moved to vacate ("strike...

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