OPINION
BIUNNO, Senior District Judge.
This case is before the court on an evidentiary hearing directed to be held pursuant to judgment in lieu of mandate issued by the U.S. Court of Appeals for the Third Circuit and filed here July 7, 1982. That mandate vacated defendant's conviction and remanded for further proceedings to determine whether a government witness, not available to testify at trial because of then existing physical illness or infirmity, Fed...
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