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UNITED STATES v. BARATTA

No. 64 Cr. 1148.

360 F.Supp. 512 (1973)

UNITED STATES of America v. Anthony BARATTA, Defendant.

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

March 29, 1973.

Attorney(s) appearing for the Case

Whitney North Seymour, Jr., U. S. Atty., S. D. N. Y., New York City, for the United States; Nicholas Figueroa, Asst. U. S. Atty., of counsel.

Fusfield & Lopez, Brooklyn, N. Y., for defendant; Frank A. Lopez, Brooklyn, N. Y., of counsel.

OPINION

COOPER, District Judge.

A. The petition

We have been constrained to defer this decision on defendant's motion (brought on pursuant to Title 28 U.S.C. § 2255) for an order vacating the judgment of conviction which we imposed on August 22, 1967,1 until the completion of an inquiry initiated by us; that inquiry was precipitated by the disclosure in the moving papers that defendant obtained without authorization...

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