DEVITT, Chief Judge.
On June 29, 1960 Rocco Salvatore Lupino (hereinafter referred to as the defendant) moved this Court under Title 28 U.S.C. § 2255, for an order vacating a sentence imposed upon him on November 28, 1958. He has also moved for leave to proceed in forma pauperis pursuant to Title 28 U.S.C. § 1915.
The basis for the motion to vacate sentence is that the statute under which conviction was had, Title 18 U.S.C. § 1073, is unconstitutional...
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