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UNITED STATES v. LIEBER

No. 483, Docket 28878.

336 F.2d 190 (1964)

UNITED STATES of America, Respondent-Appellee, v. Philip LIEBER, Petitioner-Appellant.

United States Court of Appeals Second Circuit.

Decided August 24, 1964.

Attorney(s) appearing for the Case

Irwin L. Germaise, New York City (Bernard B. Polak, New York City, of counsel, on the brief), for appellant.

Joseph P. Hoey, U. S. Atty., E. D. N. Y. (Bernard Rothman, Asst. U. S. Atty., of counsel), for appellee.

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

PER CURIAM.

This is an appeal from an order of the United States District Court for the Eastern District of New York, denying appellant's motion, brought pursuant to 28 U.S.C. § 1651, to vacate and set aside a 1931 judgment of conviction in that court for forging and cashing a United States postal money order. The 1931 conviction, important to appellant inasmuch as it was used by the New York courts in 1960 as the basis for sentencing him as a second felony offender...

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