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UNITED STATES v. PROVOO

124 F.Supp. 185 (1954)

UNITED STATES of America, Plaintiff, v. John David PROVOO, Defendant.

United States District Court S. D. New York.

May 12, 1954.

Attorney(s) appearing for the Case

J. Edward Lumbard, U. S. Atty. for the Southern Dist. of New York, New York City, for plaintiff.

George A. Spiegelberg, New York City, for defendant-petitioner.

NOONAN, District Judge.

The petitioner has been convicted and sentenced by this court, and now seeks an order vacating and setting aside the original and corrected judgments of conviction, and discharging him; or, in the alternative, granting him a new trial. The former request for relief is based on Title 28 U.S.Code, § 2255; the latter is based on Rule 33 of the Federal Rules of Criminal Procedure, Title 18 U.S...

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