UNITED STATES v. MALENO

Crim. No. 83-0041-2.

604 F.Supp. 971 (1985)

UNITED STATES of America v. Joseph MALENO.

United States District Court, E.D. Pennsylvania.

March 4, 1985.


Attorney(s) appearing for the Case

Robert E. Welsh, Jr., Asst. U.S. Atty., Philadelphia, Pa., for United States.

Mark D. Schaffer, Philadelphia, Pa., for petitioner Maleno.


OPINION

LOUIS H. POLLAK, District Judge.

Joseph Maleno has petitioned, pursuant to 28 U.S.C. § 2255, for a new trial. Mr. Maleno contends that his conviction was based in part on the out-of-court statements of co-conspirators who were not present at trial and who consequently could not be cross-examined. The government did not show at trial and has not shown since that all the authors of these statements were unavailable at the time of trial. Mr. Maleno...

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