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LIGUORI v. UNITED STATES

No. 70 Civ. 1055.

314 F.Supp. 1184 (1970)

John Albert LIGUORI, Petitioner, v. UNITED STATES of America, Respondent.

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

July 1, 1970.

Attorney(s) appearing for the Case

John Albert Liguori, pro se.

Whitney North Seymour, Jr., U. S. Atty., S. D. New York, New York City, for the United States; Jay S. Horowitz, Asst. U. S. Atty., of counsel.

OPINION

EDWARD WEINFELD, District Judge.

The present motion by petitioner is labelled a motion for rehearing of the court's decision of May 7, 1970, which dismissed his petition for a writ under 28 U.S.C., section 2255. That petition alleged that the invalid statutory presumption of 21 U.S.C., section 176a, coerced his waiver of jury trial. The present petition questions the validity of the conviction itself and hence may be considered for all practical...

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