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UNITED STATES v. CAMMISANO

No. 79-1002.

599 F.2d 851 (1979)

UNITED STATES of America, Appellee, v. Joseph CAMMISANO, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 1, 1979.

Attorney(s) appearing for the Case

Robert G. Duncan of Duncan, Russell & Reardon, Kansas City, Mo., argued and on brief for appellant.

David B. B. Helfrey, Sp. Atty., U. S. Dept. of Labor (argued), Ronald S. Reed, Jr., U. S. Atty., Sheryle L. Randol, Sp. Atty., Kansas City, Mo., on brief for appellee.

Before LAY, ROSS and McMILLIAN, Circuit Judges.

LAY, Circuit Judge.

Joseph Cammisano and his brother, William Cammisano (Willie) were charged by indictment with extortion in violation of the Hobbs Act, 18 U.S.C. § 1951. Although refusing to admit their guilt the two brothers entered guilty pleas in exchange for sentencing recommendations by the Government. Approximately two weeks after the pleas were entered Joseph Cammisano through his attorney moved to withdraw his plea. Following an evidentiary hearing...

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