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SCHERL v. UNITED STATES

No. 76 Civ. 885.

411 F.Supp. 952 (1976)

Morton SCHERL, Petitioner, v. UNITED STATES of America and Larry Taylor, Warden, Metropolitan Correctional Center, Respondents.

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

April 6, 1976.

Attorney(s) appearing for the Case

Jacob P. Lefkowitz, New York City, for petitioner; Robert Aron Fried, New York City, of counsel.

Robert B. Fiske, Jr., U. S. Atty. for the Southern District of New York, New York City, for respondents; Michael H. Dolinger, Asst. U. S. Atty., of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Plaintiff, now confined to the Metropolitan Correctional Center in this district, pursuant to a judgment of conviction for mail fraud entered upon his plea of guilty in 1970 in the District Court for the Central District of California, moves pursuant to 28 U.S.C., section 2255, to vacate and set aside the judgment of conviction, or in the alternative that the sentence be reduced. He also requests "an immediate evidentiary...

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