No. 287, Docket 27835.

315 F.2d 714 (1963)

UNITED STATES of America, Appellee, v. George JOHNSON, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided April 10, 1963.

Attorney(s) appearing for the Case

Leon B. Polsky, New York City (Anthony F. Marra, New York City, on the brief), for defendant-appellant.

Joseph P. Hoey, U. S. Atty., Eastern District of New York (Martin R. Pollner, Asst. U. S. Atty., of counsel), for appellee.

Before LUMBARD, Chief Judge, and CLARK and MARSHALL, Circuit Judges.

MARSHALL, Circuit Judge.

This is an appeal from an order of the United States District Court for the Eastern District of New York, Zavatt, J., which denied petitioner-appellant's petition, considered as a motion filed under 28 U.S.C.A. § 2255, which sought to vacate his sentence. 207 F.Supp. 115 (E.D.N.Y.1962).

On September 29, 1959, appellant George Johnson and one Lawreva Johnson were indicted in a one-count indictment...

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