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GENOVESE v. UNITED STATES

68 Civ. 1299.

283 F.Supp. 641 (1968)

Vito GENOVESE, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court S. D. New York.

May 15, 1968.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty. for the Southern District of New York, for the United States; by David M. Dorsen, New York City, of counsel.

Wilfred L. Davis, New York City, for petitioner.

OPINION

POLLACK, District Judge.

The petitioner was convicted in 1959 of conspiracy to violate the narcotics laws and was sentenced to imprisonment for 15 years and fined $20,000. The petitioner now moves under 28 U.S.C. § 2255 for release from custody on the ground that the trial judge failed to instruct the jury clearly that knowledge of illegal importation of narcotics was an essential element to be established against the petitioner.

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