TOZZI v. UNITED STATES

No. 69 Civ. 1515.

309 F.Supp. 261 (1969)

Donald TOZZI v. UNITED STATES of America.

United States District Court, S. D. New York.

July 24, 1969.


Attorney(s) appearing for the Case

Donald Tozzi, pro se.

Robert M. Morgenthau, U. S. Atty., S. D. of New York, New York City, for the United States; James W. Brannigan, Jr., Asst. U. S. Atty., of counsel.


COOPER, District Judge.

We treat petitioner's traverse of June 4, 1969 as a motion for reargument of this Court's order of June 2, 1969, denying petitioner's motion for post-conviction relief made pursuant to 28 U.S.C. § 2255. Reargument granted. Upon consideration of petitioner's traverse, as well as the moving and answering papers herein, we adhere to our original decision.

Petitioner raises three principal contentions: (1) he was under the influence...

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