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CUOZZO v. UNITED STATES

No. 21453.

340 F.2d 303 (1965)

Alphonse T. CUOZZO, John Catanzaro and Nathan Sutton, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

January 18, 1965.

Attorney(s) appearing for the Case

C. Dale Harman, Henry Hall Ware III, Atlanta, Ga., for appellants.

Donald H. Fraser, U. S. Atty., Savannah, Ga., for appellee.

Before TUTTLE, Chief Judge, and MOORE and BELL, Circuit Judges.

PER CURIAM:

On the previous appearance of this case, 325 F.2d 274, we affirmed save in the respect that the District Court failed to accord appellants the right of allocution. The sentences were vacated and the cases remanded so that this right might be afforded each of them prior to being resentenced. They were thereafter resentenced and this appeal followed.

There is no merit in the contention that the sentences are subject...

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