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UNITED STATES v. FORLANO

No. 336, Docket 28007.

319 F.2d 617 (1963)

UNITED STATES of America, Appellee, v. Nicholas FORLANO, Appellant.

United States Court of Appeals Second Circuit.

Decided July 5, 1963.

Attorney(s) appearing for the Case

Philip Dinitz, Brooklyn, N. Y., for appellant.

Charles A. Stillman, Asst. U. S. Atty., Southern Dist. of New York, New York City (Robert M. Morgenthau, U. S. Atty., and Arnold N. Enker, Asst. U. S. Atty., on the brief), for appellee.

Before LUMBARD, Chief Judge, and WATERMAN and MOORE, Circuit Judges.

LUMBARD, Chief Judge.

Nicholas Forlano appeals from an order of the United States District Court for the Southern District of New York, denying, after a hearing, his application for a writ of error coram nobis1 to set aside a judgment of conviction entered against him in that court on April 10, 1935. As the basis for the district court's denial of the application is uncertain, particularly in the light of Carnley v. Cochran,

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