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UNITED STATES v. GAGLIANO

Crim. No. 45452.

166 F.Supp. 601 (1958)

UNITED STATES of America v. Gaetano GAGLIANO, Defendant.

United States District Court E. D. New York.

October 10, 1958.

Attorney(s) appearing for the Case

Cornelius W. Wickersham, Jr., U. S. Atty., Brooklyn, N. Y., by Francis W. Rhinow, Asst. U. S. Atty., Greenport, N. Y., of counsel, for the United States.

Fried & Mailman, New York City, for defendant.

RAYFIEL, District Judge.

This is a motion to dismiss the indictment herein.

The defendant, an alien and a native of Italy, who had previously been arrested and deported from the United States, was indicted on June 10, 1958 for re-entering the United States on or about February 14, 1957 without having received consent to apply for readmission from the Attorney General, in violation of Section 1326 of Title 8 United States Code Annotated.

The defendant...

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