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INDIVIGLIO v. UNITED STATES

No. 940, Docket 79-2021.

612 F.2d 624 (1979)

John INDIVIGLIO, Petitioner-appellant, v. UNITED STATES of America, Respondent-appellee.

United States Court of Appeals, Second Circuit.

Decided November 26, 1979.

Certiorari Denied March 17, 1980.

Attorney(s) appearing for the Case

Frank A. Lopez, New York City, for petitioner-appellant.

Edward R. Korman, U. S. Atty., Brooklyn, N. Y., Thomas P. Puccio, Attorney-in-Charge, U. S. Dept. of Justice, Organized Crime Strike Force, EDNY, Brooklyn, N. Y. (Ellen M. Coin, Sp. Atty., Brooklyn, N. Y., of counsel), for respondent-appellee.

Before WATERMAN, FEINBERG and MANSFIELD, Circuit Judges.

Certiorari Denied March 17, 1980. See 100 S.Ct. 1326.

WATERMAN, Circuit Judge:

The petitioner, John Indiviglio, appeals from an order entered on January 8, 1979, in the United States District Court for the Eastern District of New York (Mishler, Chief Judge) dismissing his petition brought pursuant to 28 U.S.C. § 2255 to vacate his conviction and to set aside his sentence. The judgment of conviction was entered on August 16, 1974, after trial by jury....

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