No. 1082, Docket 89-2011.

877 F.2d 207 (1989)

Barry LEBOWITZ, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Second Circuit.

Decided June 9, 1989.

Attorney(s) appearing for the Case

Lisa D. Burget, Washington, D.C. (Thomas B. Car, and Miller, Cassidy, Larroca & Lewin, Washington, D.C., on the brief), for appellant Barry Lebowitz.

Matthew E. Fishbein, Asst. U.S. Atty., Brooklyn, N.Y. (Andrew J. Maloney, U.S. Atty., and John Gleeson, Asst. U.S. Atty., Brooklyn, N.Y., on the brief), for appellee United States.

Before OAKES, Chief Judge, TIMBERS and MESKILL, Circuit Judges.

TIMBERS, Circuit Judge:

Appellant Barry Lebowitz appeals from an order entered January 17, 1989 in the Eastern District of New York, I. Leo Glasser, District Judge, denying after a hearing his motion pursuant to 28 U.S.C. § 2255 (1982) to vacate his conviction and four year sentence following a guilty plea. He alleged that his conviction and sentence for escape from federal custody should be vacated since the dismissal of an earlier complaint filed on...

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