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UNITED STATES v. SCALISE

Cr. No. 38215.

86 F.Supp. 908 (1949)

UNITED STATES v. SCALISE.

United States District Court E. D. New York.

November 2, 1949.

Attorney(s) appearing for the Case

J. Vincent Keogh, U. S. Atty., Brooklyn, N. Y. (John J. Minett, Jr., Asst. U. S. Atty., Brooklyn, N. Y. of counsel), for plaintiff.

Frank B. Di Giovanna, Brooklyn, N. Y., for defendant.

BYERS, District Judge.

This is a motion for an order vacating and setting aside the sentence imposed upon the defendant in this court on January 30, 1941, "for the reason that it is vague and indefinite and discharging the defendant from further custody, for relief as provided by 28 United States Code, Section 2255 [28 U.S.C.A. § 2255]".

That section, as amended May 24, 1949, clothes a prisoner under sentence...

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