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DALLI v. UNITED STATES

No. 74-CV-114.

396 F.Supp. 399 (1975)

Barthelmio DALLI and Thomas Pytel, Petitioners, v. UNITED STATES of America, Respondent.

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

June 12, 1975.

Attorney(s) appearing for the Case

Albert J. Krieger, New York City, for petitioner Dalli.

Robert P. Lewis, Auburn, N. Y., for petitioner Pytel.

James M. Sullivan, Jr., U. S. Atty. for the Northern District of New York, for respondent; Paul V. French, Asst. U. S. Atty., Albany, N. Y., of counsel.

OPINION

MacMAHON, District Judge.*

This application for post-conviction relief, brought under 28 U.S.C. § 2255, presents a third attempt to reopen issues previously heard and determined against petitioners.

Petitioners Dalli and Pytel were convicted by a jury on May 26, 1969 on one count of selling, receiving and concealing five kilograms (approximately eleven pounds) of heroin, in violation of 21 U...

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