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DEL VECCHIO v. UNITED STATES

No. 805, Docket 76-2165.

556 F.2d 106 (1977)

Joseph DEL VECCHIO, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 24, 1977.

Attorney(s) appearing for the Case

Roy M. Cohn, New York City (Saxe, Bacon & Bolan, P. C.; Michael Rosen, Ronald F. Poepplein, New York City, of counsel), for petitioner-appellant.

Thomas M. Fortuin, Asst. U. S. Atty., New York City (Daniel R. Murdock, Chief Asst. U. S. Atty., S. D. N. Y., Frederick T. Davis, Asst. U. S. Atty., New York City, of counsel), for respondent-appellee.

Before FEINBERG and TIMBERS, Circuit Judges, and DAVIS, Associate Judge.

FEINBERG, Circuit Judge:

This case is another of the many we have had that attack a conviction on a guilty plea because the district judge allegedly failed to follow the directions of Fed.R.Crim.P. 11. Joseph Del Vecchio appeals from the denial of his petition, under 28 U.S.C. § 2255, by the United States District Court for the Southern District of New York, Kevin T. Duffy, J. We hold that although the judge did not technically comply with certain provisions...

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