UNITED STATES v. COSTANZO

No. 79-1834.

625 F.2d 465 (1980)

UNITED STATES of America v. Anthony J. COSTANZO, Appellant.

United States Court of Appeals, Third Circuit.

Decided June 5, 1980.


Attorney(s) appearing for the Case

Michael H. Kessler (argued), Kendall & Kessler, Union, N. J., for appellant.

Robert J. Del Tufo, U. S. Atty., Samuel A. Alito, Jr. (argued), Asst. U. S. Atty., Newark, N. J., for appellee.

Before HUNTER, HIGGINBOTHAM and SLOVITER, Circuit Judges.


OPINION OF THE COURT

SLOVITER, Circuit Judge.

Anthony J. Costanzo appeals from an order of the district court denying both his motion for a new trial brought pursuant to Rule 33 of the Federal Rules of Criminal Procedure and his motion under 28 U.S.C. § 2255 to vacate the federal sentence he is currently serving. Costanzo was convicted on both counts of a two count indictment for conspiracy to possess and possession of stolen United States Treasury...

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