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UNITED STATES v. AMMIRATO

Nos. 80-5204, 80-5667.

670 F.2d 552 (1982)

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

United States Court of Appeals, Fifth Circuit. Unit B

Rehearings Denied May 12, 1982.

Attorney(s) appearing for the Case

John Steven Berk, Fort Lauderdale, Fla., for defendant-appellant in both cases.

William C. Bryson, Diane M. Henson, Dept. of Justice, Washington, D. C., for plaintiff-appellee in both cases.

Berk & Wagner, Fort Lauderdale, Fla., for defendant-appellant in No. 80-5667.

Before HILL, Circuit Judge, SMITH, Judge, and HENDERSON, Circuit Judge.

JAMES C. HILL, Circuit Judge:

Frank Ammirato pleaded guilty and was convicted for a number of firearms and narcotics offenses. He was sentenced to a total of 26 years imprisonment. Ammirato now appeals the District Court's denial of his motion for a reduction of sentence, or in the alternative to withdraw his pleas of guilty, and the denial of his motion to vacate sentence under 28 U.S.C. § 2255. The principal issues presented by this appeal are whether the District...

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