UNITED STATES v. DI MARTINI

No. 23241.

219 F.2d 807 (1955)

UNITED STATES of America, Plaintiff-Appellee, v. Nick DI MARTINI, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 10, 1955.


Attorney(s) appearing for the Case

Nicholas Martini, pro se.

Myles J. Ambrose, Asst. U. S. Atty., New York City, in opposition.

Before CLARK, Chief Judge, and L. HAND and FRANK, Circuit Judges.


PER CURIAM.

We are asked to vacate our dismissal — entered October 4, 1954, on motion of the United States for lack of prosecution — of defendant's appeal from denial of relief in the nature of coram nobis from a conviction in the court below entered in 1932 and duly served. Defendant is presently confined in a New York State prison under state sentence under its multiple offender law, and seeks this relief as a basis for amelioration of his state sentence...

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