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SPERLING v. UNITED STATES

No. 1042, Docket 82-2022.

692 F.2d 223 (1982)

Herbert SPERLING, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 22, 1982.

Rehearing and Rehearing Denied December 20, 1982.

Attorney(s) appearing for the Case

Gerard E. Lynch, Asst. U.S. Atty., New York City (John S. Martin, Jr., U.S. Atty., and Kate Stith Pressman, Asst. U.S. Atty., New York City, on the brief), for respondent-appellee.

Alan M. Dershowitz, Cambridge, Mass. (Nathan Z. Dershowitz and Mark D. Fabiani, New York City, on the brief), for petitioner-appellant.

Before TIMBERS, VAN GRAAFEILAND and KEARSE, Circuit Judges.

Rehearing and Rehearing En Banc Denied December 20, 1982.

TIMBERS, Circuit Judge:

For the third time appellant Sperling (hereinafter, "appellant") asks us to consider alleged errors in his 1973 conviction for engaging in a continuing criminal enterprise in violation of 21 U.S.C. § 848 (1976). This is the second time appellant has appealed to this Court from the denial of his petitions pursuant to 28 U.S.C. § 2255 (1976), in both instances raising...

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