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COKE v. UNITED STATES

No. 67 Civ. 1219.

280 F.Supp. 97 (1968)

Simeon J. COKE, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court S. D. New York.

February 16, 1968.

Attorney(s) appearing for the Case

Anthony F. Marra, New York City, for petitioner; Joshua N. Koplovitz, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty. for Southern District of New York, New York City, for United States of America; Paul B. Galvani, Asst. U. S. Atty., of counsel.

OPINION

COOPER, District Judge.

This is a petition pursuant to Section 2255 of Title 28, United States Code, to correct a sentence. Alternatively, it is treated as a motion to reduce sentence under Rule 35 of the Federal Rules of Criminal Procedure.

In essence, Simeon J. Coke contends on constitutional grounds raised by him for the first time that his sentence, upon conviction after a third trial to a term of imprisonment longer than that imposed...

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