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UNITED STATES v. GINZBURG

No. 16028.

398 F.2d 52 (1968)

UNITED STATES of America v. Ralph GINZBURG, Documentary Books, Inc., Eros Magazine, Inc., Liaison News Letter, Inc., Ralph Ginzburg, Appellant.

United States Court of Appeals Third Circuit.

Decided March 12, 1967.

Reargued November 28, 1967.

Decided July 3, 1968.

Attorney(s) appearing for the Case

Harold E. Kohn, Dilworth, Paxson, Kalish, Kohn & Levy, Philadelphia, Pa., for appellant.

J. Shane Creamer, Asst. U. S. Atty., Philadelphia, Pa., for appellee.

Before STALEY, Chief Judge, and GERALD McLAUGHLIN, KALODNER, HASTIE, FREEDMAN, SEITZ and VAN DUSEN, Circuit Judges.

OPINION ON REHEARING

KALODNER, Circuit Judge.

Did the District Court abuse its discretion in failing to accord a requested hearing to the appellant on his petition for reconsideration of sentence, (1) in the light of the reasons assigned by the Supreme Court of the United States for its affirmance of the judgment of conviction, and (2) the factual allegations of the petition for reconsideration relating thereto?

We are required, on this appeal, to...

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