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UNITED STATES v. BALISTRIERI

No. 78-2512.

606 F.2d 216 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Frank Peter BALISTRIERI, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 2, 1979.

Rehearing and Rehearing Denied December 6, 1979.

Attorney(s) appearing for the Case

Cordell Siegel, St. Louis, Mo., for defendant-appellant.

Michael J. Trost, Deputy U. S. Atty., Milwaukee, Wis., for plaintiff-appellee.

Before SWYGERT, Circuit Judge, MOORE, Senior Circuit Judge, and TONE, Circuit Judge.

Rehearing and Rehearing In Banc Denied December 6, 1979.

MOORE, Senior Circuit Judge:

This appeal presents an interesting issue of first impression in this court: On a motion in the nature of a writ of error coram nobis to vacate a judgment of conviction in a criminal case, should the district court apply the Federal Rules of Civil Procedure or the Rules of Criminal Procedure? We believe that the district court may...

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