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ROTH v. UNITED STATES

No. 322, Docket 24977.

255 F.2d 440 (1958)

Samuel ROTH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Second Circuit.

Decided May 22, 1958.

Attorney(s) appearing for the Case

Herbert Monte Levy, New York City, for appellant.

Mark F. Hughes, Jr., Asst. U. S. Atty., S. D. New York, New York City (Paul W. Williams, U. S. Atty., Charles H. Miller, Asst. U. S. Atty., New York City, of counsel, on the brief), for appellee.

Before CLARK, Chief Judge, and HINCKS and STEWART, Circuit Judges.

PER CURIAM.

The appellant's criminal conviction for sending obscene matter through the mails was affirmed by this court, 237 F.2d 796, and by the Supreme Court, 352 U.S. 964, 77 S.Ct. 361, 1 L.Ed.2d 319. Thereafter he made a motion in the district court for reduction of his five-year sentence to the time already served. Rule 35, F.R.Crim.P. This appeal is from the denial of that motion.

There is no question but that the sentence...

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