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UNITED STATES v. CARLINO

No. 510, Docket 32216.

400 F.2d 56 (1968)

UNITED STATES of America, Respondent-Appellee, v. Leo CARLINO, Petitioner-Appellant.

United States Court of Appeals Second Circuit.

Decided July 25, 1968.

Attorney(s) appearing for the Case

James E. Birdsall, New York City (Warner & Birdsall, New York City, on the brief), for petitioner-appellant.

Elkan Abramowitz, Asst. U. S. Atty., New York City (Robert M. Morgenthau, U. S. Atty. for the Southern District of New York City, Pierre N. Leval, Asst. U. S. Atty., New York City, on the brief), for respondent-appellee.

Before WATERMAN and FEINBERG, Circuit Judges, and ZAMPANO, District Judge.

ZAMPANO, District Judge:

The appellant, Leo Carlino, was sentenced in 1963 to imprisonment for one year and fined $5000 under a judgment of conviction entered in the United States District Court for the Southern District of New York, Cannella, J., following his plea of guilty to one count of income tax evasion. Four years later, having served his sentence and paid his fine, Carlino applied for a writ of error coram nobis...

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