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UNITED STATES v. CROSBY

No. 189, Docket 27811.

314 F.2d 654 (1963)

UNITED STATES of America, Appellee, v. Francis Peter CROSBY et al., Appellants.

United States Court of Appeals Second Circuit.

Decided March 5, 1963.

Attorney(s) appearing for the Case

O. John Rogge, New York City, for appellant Leo B. Mittelman.

Arnold N. Enker, New York City (Vincent L. Broderick, U. S. Atty., for the Southern District of New York, Sheldon H. Elsen, Asst. U. S. Atty., on the brief), for the United States.

Before FRIENDLY, KAUFMAN and MARSHALL, Circuit Judges.

FRIENDLY, Circuit Judge.

This is an appeal by Leo B. Mittelman from an order of Judge MacMahon in the Southern District of New York denying his motion, under F.R.Crim.Proc. 35, to correct an alleged illegality in the sentence on the conviction we affirmed in United States v. Crosby, 294 F.2d 928 (2 Cir., 1961), cert. denied, Mittelman v. United States, 368 U.S. 984, 82 S.Ct. 599, 7 L.Ed.2d 523 (1962). In view of the painstaking recital...

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