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UNITED STATES v. RUSSO

Nos. 1263, 1264, Dockets 86-1060, 86-1062.

801 F.2d 624 (1986)

UNITED STATES of America, Appellee, v. Andrew T. RUSSO and Hugh McIntosh, Appellants.

United States Court of Appeals, Second Circuit.

Decided September 22, 1986.

Attorney(s) appearing for the Case

Susan G. Kellman, New York City, for appellant McIntosh.

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

Maury S. Epner, Atty. Dept. of Justice, Washington, D.C. (Reena Raggi, U.S. Atty., E.D.N.Y., Laura A. Brevetti, Sp. Atty., Dept. of Justice, Brooklyn, N.Y., of counsel), for appellee.

Before FEINBERG, Chief Judge, LUMBARD, and OAKES, Circuit Judges.

OAKES, Circuit Judge:

Andrew T. Russo and Hugh McIntosh appeal from a judgment of the United States District Court for the Eastern District of New York, Eugene H. Nickerson, Judge, denying their motions under 28 U.S.C. § 2255 (1982) to vacate their criminal convictions. Appellants' principal contention here is that they should be allowed to withdraw the guilty pleas that support those convictions because the pleas were made in reliance on promises of the office...

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