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UNITED STATES v. SOBELL

204 F.Supp. 225 (1962)

UNITED STATES of America v. Morton SOBELL, Defendant.

United States District Court S. D. New York.

April 5, 1962.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty., Edward R. Cunniffe, Robert J. Geniesse, David Klingsberg, Asst. U. S. Attys., of counsel, for United States of America.

Donner, Perlin & Piel, New York City, Benjamin Dreyfus, San Francisco, Cal., Sanford M. Katz, New York City, of counsel, for defendant.

McGOHEY, District Judge.

The defendant Sobell moves for the sixth time under section 2255 of Title 28 U.S.C. to set aside his conviction and the sentence imposed thereon in 1951 for conspiring, during the years 1944 to 1950, to violate the Espionage Act.1 He also moves in the alternative, for a correction of the sentence under Federal Criminal Rule 35.

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