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LaMAGNA v. UNITED STATES

No. 781, Docket 80-2265.

646 F.2d 775 (1981)

Leonard Joseph LaMAGNA, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 9, 1981.

Attorney(s) appearing for the Case

David Adam Reiser, Student Counsel, Yale Law School, New Haven, Conn. (Stephen Wizner, John L. Pottenger, Jr., Renee D. Chotiner, Alice Bussiere, Jerome N. Frank, Legal Services Organization, Yale Law School, New Haven, Conn., of counsel), for petitioner-appellant.

Marion J. Bachrach, Asst. U. S. Atty., Brooklyn, N. Y. (Edward R. Korman, U. S. Atty., for the E. D. N. Y., Brooklyn, N. Y., of counsel; Vivian Shevitz, Asst. U. S. Atty., Brooklyn, N. Y., on the brief), for respondent-appellee.

Before FEINBERG, Chief Judge, OAKES, Circuit Judge, and NEAHER, District Judge.

NEAHER, District Judge:

Petitioner-appellant Leonard Joseph LaMagna, presently in federal custody, appeals from an order denying his motion, filed pursuant to 28 U.S.C. § 2255, which sought to vacate a judgment of conviction entered on his guilty plea in the United States District Court for the Eastern District of New York to an indictment originally returned in the Eastern District of North Carolina. Appellant had been arrested in the latter district on July...

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