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GIACALONE v. UNITED STATES

No. 1105, Docket 84-2002.

739 F.2d 40 (1984)

Anthony GIACALONE, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 2, 1984.

Attorney(s) appearing for the Case

Richard A. Greenberg, New York City (Coblence & Warner, New York City, Lawrence M. Herrmann, New York City, of counsel), for petitioner-appellant.

Denise Cote, Asst. U.S. Atty., S.D.N.Y., New York City (Rudolph W. Giuliani, U.S. Atty., S.D.N.Y., Barry A. Bohrer, Asst. U.S. Atty., New York City, of counsel), for respondent-appellee.

Before LUMBARD, MANSFIELD and WINTER, Circuit Judges.

LUMBARD, Circuit Judge:

Anthony Giacalone moved, pursuant to 28 U.S.C. § 2255, or alternatively, Fed.R.Crim.P. 35(a), to vacate a six-year prison sentence imposed by Judge Sweet on December 22, 1980, to be served consecutively to a five-year sentence Giacalone was already serving on an unrelated charge. Giacalone appeals from the denial of the motion. We affirm.

I.

On October 10, 1980, after a seven-week trial in the Southern District of New...

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