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PACELLI v. UNITED STATES

No. 96, Docket 78-2064.

588 F.2d 360 (1978)

Vincent PACELLI, Jr., Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 5, 1978.

Rehearing Denied December 28, 1978.

Attorney(s) appearing for the Case

Steven B. Duke, New Haven, Conn., for appellant.

James P. Lavin, Asst. U. S. Atty., New York City (Robert B. Fiske, Jr., U. S. Atty., S. D. N. Y., Audrey Strauss and Robert J. Jossen, Asst. U. S. Attys., New York City, of counsel), for appellee.

Before SMITH, FEINBERG and MANSFIELD, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

This is an appeal from a denial of a motion to vacate sentence in the Southern District of New York, Milton Pollack, Judge. Petitioner is currently serving a sentence1 for violations of federal narcotics laws. The motion to vacate the sentence and convictions was filed pursuant to 28 U.S.C. § 2255.2 For reasons somewhat different from those of the district court,...

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