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MENICHINO v. UNITED STATES

No. 75-3397.

542 F.2d 235 (1976)

Andrew C. MENICHINO, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 10, 1976.

Attorney(s) appearing for the Case

Andrew C. Menichino, pro se.

Daniel S. Pearson (Court-appointed), Miami, Fla., for petitioner-appellant.

Robert W. Rust, U.S. Atty., Barbara E. Vicevich, Stephen M. Pave, Asst. U.S. Attys., Miami, Fla., for respondent-appellee.

Before BROWN, Chief Judge, and TUTTLE and TJOFLAT, Circuit Judges.

PER CURIAM:

In this 28 U.S.C.A. § 2255 petition, Petitioner Andrew C. Menichino attacks the District Court's denial of his F.R.Crim.P. 351 Motion for Reduction of Sentence.2 Subsequent to the docketing of this appeal on the oral argument calendar, the District Court vacated its order and set a hearing for reconsideration of the Rule 35 Motion. During oral argument...

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