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ALESSI v. UNITED STATES

No. 1348, Docket 81-2058.

653 F.2d 66 (1981)

Virgil ALESSI, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 22, 1981.

Attorney(s) appearing for the Case

Steven B. Duke, New Haven, Conn., for petitioner-appellant.

Stephen F. Markstein, Asst. U. S. Atty., New York City (John S. Martin, Jr., U. S. Atty., S. D. N. Y., Mary Jo White, Asst. U. S. Atty., New York City, of counsel), for respondent-appellee.

Before FEINBERG, Chief Judge, and LUMBARD and MANSFIELD, Circuit Judges.

LUMBARD, Circuit Judge:

Virgil Alessi appeals from the order dated December 19, 1980, entered in the Southern District of New York, Bonsal, J., dismissing Alessi's most recent 28 U.S.C. § 2255 petition to vacate his conviction. The district court dismissed the petition on the ground that the issues raised — whether Alessi's guilty plea was made unknowingly and involuntarily, and whether Alessi had waived his right to a direct appeal from his conviction...

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