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UNITED STATES v. GALENTE

No. 26960.

290 F.2d 908 (1961)

UNITED STATES of America, Respondent-Appellee, v. Carmine GALENTE, Petitioner-Appellant.

United States Court of Appeals Second Circuit.

Decided June 1, 1961.

Attorney(s) appearing for the Case

Thomas A. Wadden, Jr., Washington, D. C. (Albert J. Krieger, New York City, of counsel), for petitioner.

William M. Tendy, Asst. U. S. Atty., S. D. N. Y., New York City (Robert M. Morgenthau, U. S. Atty., S. D. N. Y., New York City, on the brief), for respondent.

Before CLARK, HINCKS, and WATERMAN, Circuit Judges.

PER CURIAM.

On May 15, 1961 Hon. Richard H. Levet, a Judge of the United States District Court for the Southern District of New York, sentenced petitioner, Carmine Galente, to imprisonment for a contempt of court committed in court in the presence of the sentencing judge on an earlier day during a trial in which Galente was one of several defendants. The sentence was for a period of twenty days, the imprisonment to begin forthwith.

On that day Galente applied...

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