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COUNTS v. UNITED STATES

No. 291, Docket 75-2101.

527 F.2d 542 (1975)

James W. COUNTS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Second Circuit.

Decided December 22, 1975.

Attorney(s) appearing for the Case

E. Thomas Boyle, The Legal Aid Society, New York City (William J. Gallagher, The Legal Aid Society, New York City, of counsel), for appellant.

Elia Weinbach, Asst. U. S. Atty. (David G. Trager, U. S. Atty., E. D. N. Y., Paul B. Bergman, Asst. U. S. Atty., of counsel), for appellee.

Before MULLIGAN, OAKES and MESKILL, Circuit Judges.

OAKES, Circuit Judge:

This appeal is from the denial of a petition pursuant to 28 U.S.C. § 2255 for vacation of a ten-year sentence imposed by the United States District Court for the Eastern District of New York, the late George Rosling, Judge, and for resentencing. Sentence was imposed following a conviction for robbery of Government property, 18 U.S.C. § 2112. The conviction and sentence were affirmed on appeal. United States v. Counts,...

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