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UNITED STATES v. MILLER

158 F.Supp. 261 (1958)

UNITED STATES of America, v. James W. MILLER, Defendant.

United States District Court S. D. New York.

January 17, 1958.

Attorney(s) appearing for the Case

Paul W. Williams, U. S. Atty., Southern Dist. of New York, New York City, for United States, Adelbert C. Matthews, Jr., Asst. U. S. Atty., New York City, of counsel.

N. LeVan Haver, Kingston, N. Y., for defendant.

DAWSON, District Judge.

This is an application to set aside the sentence heretofore imposed on defendant by the Honorable Lawrence E. Walsh, then one of the judges of this Court, on the ground that the Judge did not, before imposing sentence, afford defendant an opportunity to personally make a statement in his own behalf and to present any information in mitigation of punishment, as provided by Rule 32(a) of the Rules of Criminal Procedure, 18 U.S. C.A.

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