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UNITED STATES v. ROMANO

No. 524, Docket 74-2145.

516 F.2d 768 (1975)

UNITED STATES of America, Appellee, v. Dominick ROMANO, Appellant.

United States Court of Appeals, Second Circuit.

Decided May 13, 1975.

Attorney(s) appearing for the Case

Henry B. Rothblatt, New York City (Rothblatt, Rothblatt, Seijas & Peskin, New York City), for appellant Romano.

Daniel J. Beller, Asst. U.S. Atty. (Paul J. Curran, U.S. Atty., S.D.N.Y. and Lawrence S. Feld, Asst. U.S. Atty., of counsel), for appellee.

Before MANSFIELD, FEINBERG and MOORE, Circuit Judges.

MOORE, Circuit Judge:

This case comes to us on appeal from a denial by Judge Lloyd F. MacMahon in the U.S. District Court for the Southern District of New York of a § 2255 petition to vacate sentence on alternative grounds 1) that the petition constitutes a successive motion and 2) that the claims, allegations of perjury and subornation of perjury, were frivolous.

Dominick Romano was convicted on March 14, 1969 of conspiracy to violate the federal narcotics...

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