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SIEGEL v. UNITED STATES

No. 108, Docket 35028.

436 F.2d 92 (1970)

David SIEGEL, Defendant-Appellant, v. UNITED STATES of America, Plaintiff-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 14, 1970.

Attorney(s) appearing for the Case

Milton Adler, New York City, The Legal Aid Society, Phylis Skloot Bamberger, New York City, of counsel, for defendant-appellant.

Whitney North Seymour, U. S. Atty., S.D.N.Y., Henry Putzel, III and Thomas J. Fitzpatrick, Asst. U. S. Attys., of counsel, for plaintiff-appellee.

Before CLARK, Associate Justice, Supreme Court of the United States, Retired, LUMBARD, Chief Judge and KAUFMAN, Circuit Judge.

CLARK, Associate Justice, Retired:

This is an appeal from two orders of the United States District Court for the Southern District of New York denying, without a hearing, (1) a motion pursuant to § 2255 of Title 28, United States Code, to set aside a judgment of conviction on a plea of guilty on two counts of an indictment charging interstate transportation of forged checks and to vacate the sentence thereon; and (2) a motion pursuant to Rule 35, F.R.Crim.P....

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