MASSIMO v. UNITED STATES

No. 868, Docket 72-1438.

463 F.2d 1171 (1972)

Matthew MASSIMO, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Second Circuit.

Decided July 7, 1972.


Attorney(s) appearing for the Case

Walter L. Stratton, New York City (Paul A. Crotty, New York City, on the brief), for appellant.

Jay S. Horowitz, Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty., S. D. N. Y., Peter F. Rient, Asst. U. S. Atty., on the brief), for appellee.

Before MOORE, SMITH and HAYS, Circuit Judges.


HAYS, Circuit Judge:

Matthew Massimo appeals from an order of the United States District Court for the Southern District of New York denying, after a hearing, a motion to vacate his sentence pursuant to 28 U.S.C. § 2255 (1970).

In 1969 Massimo was convicted by Judge Motley, sitting without a jury, on twenty-three counts of mail fraud and one conspiracy count, 18 U.S.C. §§ 1341, 1342, and 371 (1970). The crime consisted of obtaining credit cards...

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