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DIOGUARDI v. UNITED STATES

No. 1222, Docket 78-2058.

587 F.2d 572 (1978)

John DIOGUARDI, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 15, 1978.

Attorney(s) appearing for the Case

John L. Pollok, New York City (Jay Goldberg, New York City, of counsel), for petitioner-appellant.

Mary Jo White, Asst. U.S. Atty., New York City (Robert B. Fiske, Jr., U.S. Atty., for the Southern District of New York, Howard W. Goldstein, Asst. U.S. Atty., New York City, of counsel), for respondent-appellee.

Before VAN GRAAFEILAND, Circuit Judge, and MARKEY, Chief Judge, U.S. Court of Customs and Patent Appeals, and DOOLING, District Judge.

VAN GRAAFEILAND, Circuit Judge:

This appeal presents a question left unanswered in United States v. Slutsky, 514 F.2d 1222, 1228 (2d Cir.1975), namely, whether the United States Parole Commission's decision to grant or deny parole is part of the trial court's sentencing process. The answer to this question will determine whether the court that sentenced appellant erred in denying his 28 U.S.C. § 2255 motion for resentencing...

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