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GILBERTI v. U.S.

Nos. 89 CV 2364, 87 CR 21(S).

731 F.Supp. 576 (1990)

Salvatore GILBERTI, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court, E.D. New York.

February 22, 1990.

Attorney(s) appearing for the Case

Robert H. Kiernan, Hoffman & Pollok, New York City, for petitioner.

Geoffrey S. Mearns, Asst. U.S. Atty., and Andrew J. Maloney, U.S. Atty., E.D. N.Y., for respondent.

McLAUGHLIN, District Judge.

Petitioner moves pursuant to 28 U.S.C. § 2255 for a new trial. For reasons discussed below, the motion is denied.

FACTS

Following a jury trial, petitioner was convicted on May 1, 1987 on one count of conspiracy to steal goods which were part of an interstate freight shipment, one count of stealing goods which were part of an interstate freight shipment, and one count of kidnapping a person willfully transported in...

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