GENOVESE v. UNITED STATES

No. 465, Docket 30780.

378 F.2d 748 (1967)

Vito GENOVESE, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided May 26, 1967.


Attorney(s) appearing for the Case

Vincent J. Fuller, Washington, D. C. (Edward Bennett Williams and Robert L. Weinberg, Washington, D. C., and Wilfred L. Davis, New York City, on the brief), for appellant.

David M. Dorsen, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty., for Southern District of New York, New York City, John E. Sprizzo and Michael W. Mitchell, Asst. U. S. Attys., on the brief), for appellee.

Before LUMBARD and MOORE, Circuit Judges, and BARTELS, District Judge.


MOORE, Circuit Judge:

Petitioner, Vito Genovese, appeals from an order, denying his application pursuant to 28 U.S.C. § 2255 or, in the alternative, pursuant to Rule 35 of the Federal Rules of Criminal Procedure, to vacate or modify his judgment of conviction and sentence thereunder. We affirm Judge Weinfeld's denial of the relief sought.

Previous Proceedings

Indicted in July 1958, appellant and 16 other defendants were tried jointly...

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