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CASELLA v. UNITED STATES

No. 18447.

449 F.2d 277 (1971)

Peter CASELLA v. UNITED STATES of America, Appellant.

United States Court of Appeals, Third Circuit.

Decided September 29, 1971.

As Amended October 27, 1971.

Attorney(s) appearing for the Case

D. William Subin, Asst. U. S. Atty., Camden, N. J. (Frederick B. Lacey, U. S. Atty., Newark, N. J., on the brief), for appellant.

Edward C. Toole, Jr., Clark, Ladner, Fortenbaugh & Young, Philadelphia, Pa., for appellee.

Before BIGGS, and VAN DUSEN, Circuit Judges, and KRAFT, District Judge.

OPINION OF THE COURT

BIGGS, Circuit Judge.

This is a proceeding brought by Casella pursuant to 28 U.S.C. Section 2255 to relieve himself of judgments of conviction and of sentence as set out hereinafter. He was indicted on a four count indictment1 filed April 15, 1958, along with Santore. It will be observed that Casella and Santore were indicted as principals but that an aider and abettor...

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