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PANICO v. UNITED STATES

Nos. 468-469, Dockets 32953, 32954.

412 F.2d 1151 (1969)

Carmine PANICO and Carlie DiPietro, Movants-Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Second Circuit.

Decided June 25, 1969.

Attorney(s) appearing for the Case

Jerome Lewis, New York City (Abraham Glasser, New York City, on the brief), for movants-appellants.

Arthur A. Munisteri, Asst. U. S. Atty., New York City (Robert M. Morgenthau, U. S. Atty., for the Southern District of New York City and Roger J. Hawke, Asst. U. S. Atty., New York City, on the brief), for respondent-appellee.

Before WATERMAN, MOORE and FRIENDLY, Circuit Judges.

MOORE, Circuit Judge:

Carmine Panico (Carmine) and Carlie DiPietro appeal from an order of the District Court for the Southern District of New York, Lloyd F. MacMahon, Judge, entered on September 19, 1968, which denied their joint motions for relief under 28 U.S.C. § 2255. The order also denied a joint motion for disqualification of the sentencing judge because he was, they assert, a material witness. The basis of appellants' contentions here is that they were...

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