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FIMMANO v. UNITED STATES

Nos. 66 Cr. 889, 69 Civ. 5062.

308 F.Supp. 938 (1970)

Frank FIMMANO, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court S. D. New York.

January 16, 1970.

Attorney(s) appearing for the Case

Frank Fimmano, pro se.

Robt. M. Morgenthau, U. S. Atty., Jay S. Horowitz, Asst. U. S. Atty., of counsel, for respondent.

MEMORANDUM

LEVET, District Judge.

Petitioner, Frank Fimmano, moves pursuant to 28 U.S.C. § 2255 to have the court vacate the judgment of conviction based on his guilty plea on May 24, 1967 and set aside the sentence imposed thereafter on June 30, 1967. He contends (1) that his retained counsel did not inform him of his ineligibility for parole under the narcotics law, thereby depriving him of the Fifth Amendment...

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