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UNITED STATES v. ROTH

No. 47, Docket 25926.

283 F.2d 765 (1960)

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

United States Court of Appeals Second Circuit.

Decided November 23, 1960.

Attorney(s) appearing for the Case

Samuel Roth, pro se.

Alfred Donati, Jr., Asst. U. S. Atty., Brooklyn, N. Y. (S. Hazard Gillespie, Jr., U. S. Atty., and David Klingsberg, Asst. U. S. Atty., S.D.N.Y., New York City, on the brief), for appellee.

Before HINCKS, WATERMAN and MOORE, Circuit Judges.

PER CURIAM.

Roth's conviction for mailing obscene matter was affirmed by us, 237 F.2d 796, and by the Supreme Court, 354 U.S. 476, 77 S.Ct. 1304, 1 L.Ed.2d 1498. Thereafter he brought a "motion for a new trial on evidence of the corruption of the trial process by which the defendant was found guilty and sentenced." The district court treated this as a motion for release under 28 U.S.C. § 2255,...

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