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UNITED STATES v. POLSELLI

No. 83-1218.

747 F.2d 356 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Gaetanino POLSELLI, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided October 22, 1984.

Certiorari Denied January 21, 1985.

Attorney(s) appearing for the Case

John E. Tate, Dayton, Ohio (Court-appointed), for defendant-appellant.

Leonard R. Gilman, U.S. Atty., Martha Ellen Dennis (argued), Asst. U.S. Atty., Detroit, Mich., for plaintiff-appellee.

Before MARTIN, JONES, and CONTIE, Circuit Judges.

PER CURIAM.

Gaetanino Polselli appeals from the dismissal of his motion to vacate sentence pursuant to 28 U.S.C. § 2255. The District judge dismissed his motion on March 2, 1983 without an evidentiary hearing. Polselli requests this Court to remand the motion for an evidentiary hearing or in the alternative grant his motion to vacate.

Polselli pled guilty in February, 1982 to one count of mail fraud, in violation...

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