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WHELAN v. UNITED STATES

Civ. 76-2220, Cr. 567-70.

427 F.Supp. 379 (1977)

Thomas J. WHELAN and Thomas M. Flaherty, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, D. New Jersey.

March 3, 1977.

Attorney(s) appearing for the Case

Ernest Allen Cohen, Hackensack, N.J. (Greenspan & Aurnou, White Plains, N.Y., Leon J. Greenspan, appearing, White Plains, N.Y.), for plaintiffs.

Jonathan L. Goldstein, U. S. Atty., by John J. Barry, Chief, Appeals Div., Newark, N.J., for defendant.

OPINION

BIUNNO, District Judge.

This is the second application made by Whelan and Flaherty seeking release under 28 U.S.C. § 2255 or, in the alternative, for resentencing under 18 U.S.C. § 4208 (now 4205). A summary of the prior proceedings is appended to this opinion for convenience. An analysis of the evidence adduced against them and their co-defendants in the conspiracy/extortion trial (Cr. 570-70) is fully set forth in U.S. v. Kenny,

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