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D'OTTAVIO v. UNITED STATES

No. 91 Civ. 7627 (JES).

794 F.Supp. 520 (1992)

Salvatore D'OTTAVIO, Petitioner, v. UNITED STATES of America, Respondent.

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

July 24, 1992.

Attorney(s) appearing for the Case

Salvatore D'Ottavio, pro se.

Otto G. Obermaier, U.S. Atty. for the Southern Dist. of New York, New York City, (Deirdre M. Daly, Asst. U.S. Atty., of counsel), for respondent.

MEMORANDUM OPINION AND ORDER

SPRIZZO, District Judge.

Petitioner has filed a second pro se motion to vacate his conviction pursuant to 28 U.S.C. § 2255.1 For the reasons set forth below, the petition is dismissed.

DISCUSSION

Petitioner alleges that the government suppressed two audiotapes cited in his petition which contained material that should have been disclosed under Brady v. Maryland,

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