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UNITED STATES v. CAPSOPA

Nos. 391, 392, Dockets 25385, 25386.

260 F.2d 566 (1958)

UNITED STATES of America, Plaintiff-Appellee, v. Joe CAPSOPA et al., Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. John CAPSOTA, alias Frank Costello, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided October 24, 1958.

Attorney(s) appearing for the Case

Herbert F. Roth, Asst. U. S. Atty., Southern District of New York, New York City (Paul W. Williams, U. S. Atty., Southern District of New York, New York City, on the brief), for plaintiff-appellee.

Herbert E. Rosenberg, New York City, for defendant-appellant.

Before HINCKS, PICKETT and MOORE, Circuit Judges.

MOORE, Circuit Judge.

Appellant appeals from an order denying his motion made pursuant to 28 U.S. C.A. section 2255 and Rule 35 of the Federal Rules of Criminal Procedure, 18 U.S. C.A., to vacate and set aside two judgments of conviction for violations of the federal narcotics laws. The grounds asserted for the relief requested were that the judgments imposed upon him in the Southern District in 1937 and 1941, respectively, were in violation of due process because...

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