DOMENICA v. UNITED STATES

No. 5784.

292 F.2d 483 (1961)

James J. DOMENICA, Petitioner, Appellant, v. UNITED STATES of America, Respondent, Appellee.

United States Court of Appeals First Circuit.

June 29, 1961.


Attorney(s) appearing for the Case

James J. Domenica, pro se, on brief for appellant.

Elliot L. Richardson, U. S. Atty., and William J. Koen, Asst. U. S. Atty., Boston, Mass., on brief for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.


ALDRICH, Circuit Judge.

This is an appeal from the denial, on its face, of a motion under 28 U.S.C. § 2255 to "vacate a judgment of conviction" entered upon a plea of guilty, or, alternatively (although not prayed for artistically), to vacate the sentence. On October 30, 1958, an indictment was returned in the United States District Court for the District of Massachusetts in three counts against petitioner and others, Count 3 charging armed robbery of a bank...

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