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PANICO v. UNITED STATES

No. 68 Civ. 1542.

291 F.Supp. 728 (1968)

Carmine PANICO and Carlie DiPietro, Movants, v. UNITED STATES of America, Respondent.

United States District Court S. D. New York.

September 19, 1968.

Attorney(s) appearing for the Case

Jerome Lewis, New York City, for movants.

Robert M. Morgenthau, U. S. Atty., Southern Dist. of New York (David A. Luttinger and Michael W. Leisure, Asst. U. S. Attys., Southern Dist. of New York, of counsel), for respondent.

OPINION

MacMAHON, District Judge.

Petitioners were two of thirteen defendants convicted by a jury after a ten-week trial of a conspiracy to import and distribute vast quantities of heroin in violation of the federal narcotics laws. They move under 28 U.S.C. § 2255 to vacate and set aside the judgments of conviction and the sentences imposed upon them on July 10, 1962. They also move to disqualify the trial court from considering their § 2255 application...

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