UNITED STATES v. CARBONE

No. 1247, Docket 84-1101.

739 F.2d 45 (1984)

UNITED STATES of America, Appellee, v. Stephen CARBONE, Appellant.

United States Court of Appeals, Second Circuit.

Decided July 3, 1984.


Attorney(s) appearing for the Case

Anne C. Feigus, New York City (Fischetti, Feigus & Pomerantz, New York City, Warren L. Feldman, New York City, of counsel), for appellant.

Douglas F. Behm, Senior Sp. Atty., U.S. Dept. of Justice, E.D.N.Y. Brooklyn, N.Y. (Raymond J. Dearie, U.S. Atty. for the E.D.N.Y., Edward A. McDonald, Attorney-in-Charge, U.S. Dept. of Justice, E.D.N.Y., Brooklyn, N.Y., of counsel), for appellee.

Before LUMBARD, MESKILL and KEARSE, Circuit Judges.


LUMBARD, Circuit Judge:

Stephen Carbone appeals from an order of the Eastern District of New York, Wexler, J., denying a motion to vacate his sentence pursuant to Fed.R.Crim.P. 35(a) or, alternatively, pursuant to 28 U.S.C. § 2255. We reverse, and remand for resentencing before a different district judge.

On July 21, 1983, pursuant to a written plea agreement, Carbone pleaded guilty to two counts of evading income taxes, in violation of 26 U.S.C. §...

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