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UNITED STATES v. ALLOCCO

200 F.Supp. 868 (1961)

UNITED STATES of America, v. Dominic ALLOCCO, Petitioner.

United States District Court S. D. New York.

December 1, 1961.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty., Southern Dist. of New York, New York City, for the United States; Andrew T. McEvoy, Jr., Asst. U. S. Atty., Washington, D. C., of counsel.

Anthony F. Marra, Atty. in Charge, Legal Aid Soc., New York City, for petitioner; Leon B. Polsky, New York City, Paul Bender, Philadelphia, Pa., of counsel.

LEVET, District Judge.

This is a motion by the petitioner, Dominic Allocco, pursuant to Section 2255 of Title 28 U.S.C. and/or Rule 35 of the Federal Rules of Criminal Procedure, 18 U.S.C., to vacate and set aside his judgment of conviction on the ground that the trial judge was a recess appointee of the President of the United States and as such could not exercise judicial power under Article III of the Constitution.

Facts

Proceedings with Respect...

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