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UNITED STATES v. FORLANO

249 F.Supp. 174 (1965)

UNITED STATES of America v. Nicholas FORLANO, Petitioner.

United States District Court S. D. New York.

February 24, 1965.

Attorney(s) appearing for the Case

Abraham H. Brodsky, New York City, for petitioner.

Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, for the United States; Thomas F. Shea, Asst. U. S. Atty., of counsel.

WYATT, District Judge.

This is a motion by Nicholas Forlano for an order vacating and setting aside his judgment of conviction in this Court on April 10, 1935.

The sentence contained in the judgment has been completely served. Relief in such a situation cannot be had under 28 U.S.C. § 2255 because the applicant is not "in custody" under the sentence. United States v. Bradford, 194 F.2d 197, 200 (2d Cir. 1952). But a motion...

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