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IACOVETTI v. UNITED STATES

No. 76-1256. Summary Calendar.

534 F.2d 1189 (1976)

David Robert IACOVETTI, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 12, 1976.

Attorney(s) appearing for the Case

Joel D. Robrish, Coconut Grove, Fla., Wallace Musoff, Barry D. Gordon, New York City, for petitioner-appellant.

Robert W. Rust, U. S. Atty., Gary Betz, Sp. Atty., Miami Strike Force, Miami, Fla., Dennis A. Winston, Atty., Dept. of Justice, T. George Gilinsky, Jerome M. Feit, App. Sect., Crim. Div., Washington, D. C., for respondent-appellee.

Before AINSWORTH, CLARK and RONEY, Circuit Judges.

PER CURIAM:

Defendant Iacovetti filed a Motion to Vacate Sentence pursuant to 28 U.S.C.A. § 2255. The district court denied the motion without an evidentiary hearing. As grounds for relief on appeal, defendant argues two points: error in denying an evidentiary hearing to determine if the Government suppressed favorable evidence, and failure to disclose the presentence report. We affirm.

Iacovetti was convicted by a jury of conspiracy, 18 U.S.C.A. §...

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