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UNITED STATES v. MIGNOGNA

Nos. 35, 20289.

157 F.2d 839 (1946)

UNITED STATES v. MIGNOGNA.

Circuit Court of Appeals, Second Circuit.

November 6, 1946.

Attorney(s) appearing for the Case

Joseph Lonardo, of Flushing, N. Y., for appellant.

J. Vincent Keogh, U. S. Atty., of Brooklyn, N. Y. (Vine H. Smith, Asst. U. S. Atty., of Brooklyn, N. Y., of counsel), for appellee.

Before L. HAND, SWAN and FRANK, Circuit Judges.

SWAN, Circuit Judge.

The appellant stands convicted upon a plea of guilty under an indictment charging that he and an accomplice stole a very large quantity of gasoline ration coupons belonging to the United States, contrary to 18 U.S.C.A. § 99. He was sentenced to a long term of imprisonment on April 22, 1943 and nearly seven months thereafter he brought on a motion for vacation of the sentence, withdrawal of his plea, and restoration of the cause to the trial...

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