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UNITED STATES v. BIALKIN

No. 479, Docket 28886.

331 F.2d 956 (1964)

UNITED STATES of America, Appellee, v. Robert BIALKIN, Petitioner-Appellant.

United States Court of Appeals Second Circuit.

Decided May 14, 1964.

Attorney(s) appearing for the Case

Jay Gold, Asst. U. S. Atty., Southern District of New York, New York City (Robert M. Morgenthau, U. S. Atty., David M. Dorsen and Robert J. Geniesse, Asst. U. S. Attys., on the brief), for appellee.

Richard Owen, New York City (Morton J. Turchin, New York City, on the brief), for petitioner-appellant.

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

SMITH, Circuit Judge.

This is an appeal from an order of the United States District Court for the Southern District of New York, Harold R. Tyler, District Judge, denying a motion to set aside appellant's sentence and release him from custody. We find no error in the denial of the motion and affirm the district court's order.

On November 10, 1959 the Securities and Exchange Commission brought a civil action in the district court to enjoin the appellant from...

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