UNITED STATES v. ALBANO

No. 462, Docket 82-1254.

698 F.2d 144 (1983)

UNITED STATES of America, Appellee, v. Vincent ALBANO, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 11, 1983.


Attorney(s) appearing for the Case

George L. Santangelo, New York City, Santangelo, Santangelo & Cohen, New York City, for defendant-appellant.

William C. Bryson, Dept. of Justice, Washington, D.C. (Raymond J. Dearie, U.S. Atty., E.D.N.Y., Brooklyn, N.Y., of counsel), for appellee.

Before FEINBERG, Chief Judge, and KAUFMAN and CARDAMONE, Circuit Judges.


FEINBERG, Chief Judge:

Defendant-appellant Vincent Albano appeals from an order of the United States District Court for the Eastern District of New York, Thomas C. Platt, J., denying his motion for correction of an allegedly illegal sentence pursuant to Rule 35 of the Federal Rules of Criminal Procedure. The claimed illegality is that the court imposed a 10-year period of probation, allegedly beyond its power under 18 U.S.C. § 3651. For reasons stated below,...

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