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DeMASI v. UNITED STATES

No. 72 Civ. 3864.

349 F.Supp. 747 (1972)

James DeMASI, Petitioner, v. UNITED STATES of America, Respondent.

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

October 16, 1972.

Attorney(s) appearing for the Case

Lanna, Coppola & Rosato by Vincent J. Lanna, Yonkers, for petitioner.

Whitney North Seymour, Jr., U. S. Atty., by James Schreiber, New York City, of counsel, for respondent.

GURFEIN, District Judge.

This is a motion under 28 U.S.C. § 2255 for an order vacating the sentence heretofore imposed on the petitioner by this Court on December 1, 1970 (67 Cr. 208). The petitioner is presently serving a sentence of ten years imposed for violation of 18 U.S.C. § 1951—interference with commerce by threats or violence. His claim is that he is detained in violation of the Sixth and Fourteenth Amendments.

The constitutional...

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