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UNITED STATES v. KELLY

No. 70-C-567.

314 F.Supp. 500 (1970)

UNITED STATES of America v. Daniel KELLY, Defendant.

United States District Court, E. D. New York.

June 26, 1970.

Attorney(s) appearing for the Case

Edward R. Neaher, U. S. Atty., E. D. New York, for the United States; Vincent J. Favorito, Asst. U. S. Atty., of counsel.

Marvin M. Karpatkin, Barry Satlow, Melvin L. Wulf, Alan H. Levine, New York City, for defendant.

ZAVATT, District Judge.

By memorandum-order dated and filed May 27, 1970, I granted the defendant's motion to vacate the sentence and judgment of conviction, hereinafter referred to. At that time, no formal opinion was filed because the court did not want to delay the release of defendant from jail. What follows is the opinion accompanying that memorandum-order, to be filed, nunc pro tunc, as of May 27, 1970.

Petitioner...

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