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UNITED STATES v. NICASTRO

Crim. No. 43866.

143 F.Supp. 756 (1956)

UNITED STATES of America v. Bartholomew NICASTRO.

United States District Court E. D. New York.

August 21, 1956.

Attorney(s) appearing for the Case

Eleanor J. Franke, Brooklyn, N. Y., for defendant, for the motion.

Leonard P. Moore, U. S. Atty., Brooklyn, N. Y., by Howard B. Gliedman, Asst. U. S. Atty., Brooklyn, N. Y., of counsel, in opposition.

RAYFIEL, District Judge.

The defendant has moved under Section 2255 of Title 28, U.S.Code, for an order vacating and setting aside, or correcting, the sentence heretofore imposed upon him on the ground that the same was illegal, invalid and exceeded the maximum prescribed by law, and has asked that a hearing be held on said motion, and the defendant, now confined, be permitted to be present at such hearing.

In the case of Pettway v. United States, 6 Cir.,...

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