MEMORANDUM OF DECISION
NEWMAN, District Judge.
Petitioner, convicted on his plea of guilty to conspiracy to commit a theft from interstate shipment, 18 U.S.C. §§ 659, 371, moves to vacate sentence under 28 U.S.C. § 2255 primarily on the ground that his co-defendant was subsequently acquitted of the substantive offense.
It has been observed that "where an indictment for conspiracy names only two, an acquittal or reversal as to one is...
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