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DiGIOVANNI v. UNITED STATES

No. 988, Docket 79-2048.

596 F.2d 74 (1979)

James DiGIOVANNI, Petitioner, v. UNITED STATES of America, Respondent.

United States Court of Appeals, Second Circuit.

Decided March 27, 1979.

Attorney(s) appearing for the Case

Abraham Y. Skoff, Asst. U. S. Atty., E. D. N. Y., Brooklyn, N. Y. (Edward R. Korman, U. S. Atty., Brooklyn, N. Y., of counsel), for respondent.

James DiGiovanni, pro se.

Before LUMBARD, MOORE and GURFEIN, Circuit Judges.

LUMBARD, Circuit Judge:

James DiGiovanni appeals from an order of the District Court for the Eastern District denying his motion, made pursuant to 28 U.S.C. § 2255, to vacate the sentence imposed following his conviction for various narcotics violations. Since we find that the sentencing judge gave improper consideration to DiGiovanni's refusal to cooperate with the Government, we vacate the sentence and remand for sentencing before another judge.

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