SIMMONS v. UNITED STATES

Nos. 72-CV-520, 72-CV-521.

354 F.Supp. 1383 (1973)

Stanley SIMMONS, Petitioner, v. UNITED STATES of America, Respondent. Barthelmio DALLI, Petitioner, v. UNITED STATES of America, Respondent.

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

February 22, 1973.


Attorney(s) appearing for the Case

Alan Scribner, New York City, for petitioner Simmons.

Albert J. Krieger, New York City, for petitioner Dalli.

James M. Sullivan, Jr., U. S. Atty. for N. D. New York, for respondent; Paul V. French, Asst. U. S. Atty., Albany, N. Y., of counsel.


OPINION

MacMAHON, District Judge.*

These are applications for post-conviction relief, brought under 28 U.S.C. § 2255, by two convicts now in federal custody.

Petitioner Dalli was convicted by a jury, along with Thomas Pytel, on May 26, 1969, on one count of selling, receiving, and concealing five kilograms (approximately eleven pounds) of heroin, in violation of 21 U.S.C. §§ 173 and 174, and on one count...

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