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BUONO v. UNITED STATES

126 F.Supp. 644 (1954)

John BUONO, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court, S. D. New York.

December 31, 1954.

Attorney(s) appearing for the Case

John Buono, per se.

J. Edward Lumbard, U. S. Atty., New York City, for respondent, Clement J. Hallinan, Jr., Asst. U. S. Atty., New York City, of counsel.

WEINFELD, District Judge.

The petitioner moves under 28 U.S. C.A. § 2255 "for correction of sentence and release from custody" upon the ground that (1) the sentences imposed upon the substantive counts were void in that those counts were merged in the conspiracy count; (2) the indictment was insufficient in law; and (3) his plea of guilty was entered by reason of duress and fear induced by promises and threats of an Assistant United States Attorney.

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