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ALLOCCO v. HERITAGE

No. 19626.

310 F.2d 719 (1962)

Dominic ALLOCCO, Appellant, v. David M. HERITAGE, Warden, United States Penitentiary, Atlanta, Georgia, Appellee.

United States Court of Appeals Fifth Circuit.

November 28, 1962.

Attorney(s) appearing for the Case

Dominic Allocco, pro se.

Charles S. Goodson, U. S. Atty., Burton Brown, Asst. U. S. Atty., Atlanta, Ga., for appellee.

Before TUTTLE, Chief Judge, WISDOM, Circuit Judge, and JOHNSON, District Judge.

PER CURIAM.

On October 31, 1955, Dominic Allocco was sentenced by the United States District Court for the Southern Division of New York to the custody of the Attorney General of the United States to serve ten years. The conviction for which the sentence was imposed was appealed, and on November 9, 1955, Allocco signed an election not to commence the service of sentence.1 The judgment of conviction was affirmed on August 6, 1956. The intervening...

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