UNITED STATES v. RUSSO

No. 145, Docket 25086.

260 F.2d 849 (1958)

UNITED STATES of America, Appellee, v. Marty RUSSO, Appellant.

United States Court of Appeals Second Circuit.

Decided November 13, 1958.


Attorney(s) appearing for the Case

Robert B. Posnick, New York City, and Joseph P. Jenkins, Kansas City, Kan., submitted a brief for appellant.

John T. Moran, Jr. and Mark F. Hughes, Jr., New York City, submitted a brief for appellee.

Before HAND, HINCKS and WATERMAN, Circuit Judges.


PER CURIAM.

The appellant, Russo, appeals from an order, denying his motion under § 2255 of Title 28 U.S.C. to vacate a sentence of five years imprisonment, imposed for conspiring with nine other persons to transport stolen motor cars in interstate and foreign commerce. Count XII of the indictment, the only count in which he was charged, was coupled with the other counts, which charged some of the alleged conspirators with the actual transportation of stolen...

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