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UNITED STATES v. LAVELLE

No. 25, Docket 22046.

194 F.2d 202 (1952)

UNITED STATES v. LAVELLE.

United States Court of Appeals Second Circuit.

Decided January 28, 1952.

Attorney(s) appearing for the Case

Richard M. FitzSimmons and Winthrop, Stimson, Putnam & Roberts, all of New York City, for appellant.

Frank J. Parker, U. S. Atty., Brooklyn, N. Y. (George W. Percy, Jr., and Phillip J. Hirsch, Asst. U. S. Attys., Brooklyn, N. Y., of counsel), for appellee.

Before SWAN and FRANK, Circuit Judges and COXE, District Judge.

SWAN, Chief Judge.

This is an appeal from an order denying the appellant's motion under 28 U.S.C.A. § 2255 to vacate a sentence of 18 months' imprisonment imposed in March 1943 on plea of guilty to an indictment which charged him with forging a postal money order and uttering the same in violation of 18 U.S.C.A. § 347 (1940 ed.)1. No appeal was taken and he duly served this sentence. He is currently confined under a state conviction...

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