MIRRA v. UNITED STATES

No. 66 Civ. 83.

255 F.Supp. 570 (1966)

Anthony MIRRA, Movant, v. UNITED STATES of America, Respondent.

United States District Court S. D. New York.

July 5, 1966.


Attorney(s) appearing for the Case

Jerome Lewis, Brooklyn, N. Y., for movant.

Robert M. Morgenthau, U. S. Atty., Southern District of New York (Michael W. Mitchell and John H. Adams, Asst. U. S. Attys., Southern District of New York, of counsel), for respondent.


OPINION

MacMAHON, District Judge.

Petitioner was one of thirteen defendants convicted by a jury of conspiracy to violate the federal narcotics laws after a ten-week trial. He moves under 28 U.S.C. § 2255 to vacate and set aside the judgment of conviction and sentence imposed upon him on July 10, 1962. He also moves to disqualify the trial court from considering his § 2255 application on the grounds that the court "is of necessity a material witness...

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