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UNITED STATES v. COSSEY

No. 46, Docket 32226.

403 F.2d 36 (1968)

UNITED STATES of America, Respondent-Appellee, v. Raymond Harrington COSSEY, Petitioner-Appellant.

United States Court of Appeals Second Circuit.

Decided October 10, 1968.

Attorney(s) appearing for the Case

Phylis Skloot Bamberger, New York City (Anthony F. Marra, New York City, on the brief), for petitioner-appellant.

Jerome C. Ditore, Asst. U. S. Atty. (Joseph P. Hoey, U. S. Atty., Eastern District of New York, on the brief), for respondent-appellee.

Before MOORE, FRIENDLY and FEINBERG, Circuit Judges.

PER CURIAM:

Raymond Cossey appeals from an order denying after a hearing a motion for a writ of Error Coram Nobis, 28 U.S.C. § 1651, to vacate a judgment of conviction entered in 1944, Galston, District Judge, Appellant was sentenced to two-and-one-half years in prison for failure to report for induction into the armed services and has served his sentence.

Appellant's sole testimony at the hearing was his own. He stated that he had no recollection...

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