U.S. v. BRYSER

Nos. 93 Civ. 5859, 90 Cr. 274 (VLB).

838 F.Supp. 124 (1993)

UNITED STATES of America v. Ronnie BRYSER, Gerald Degerolamo, and Vincent Degerolamo, Defendants.

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

November 16, 1993.


Attorney(s) appearing for the Case

Anthony J. Siano, Asst. U.S. Atty., White Plains, for U.S.

Vincent DeGerolamo, defendant pro se.

Herald Price Fahringer, Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria, New York City, for defendant.


MEMORANDUM ORDER

BRIEANT, District Judge.

I

Defendant Vincent DeGerolamo (the "defendant") has moved pursuant to 28 U.S.C. § 2255 to vacate his conviction on grounds that the conduct proven at trial did not constitute mail or wire fraud under 18 U.S.C. §§ 1341, 1343 because of absence of misrepresentation to the alleged victim of the scheme involved. The scheme was one to cause money to be placed with an armored car company for the...

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