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UNITED STATES v. HOFFER

No. 72 CR. 1365 (MP).

423 F.Supp. 811 (1976)

UNITED STATES of AMERICA v. Harry HOFFER, Defendant-Petitioner.

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

December 8, 1976.

Attorney(s) appearing for the Case

Robert B. Fiske, Jr., U. S. Atty., Southern District of New York by W. Cullen MacDonald, Asst. U. S. Atty., New York City, for the United States.

Ralph S. Naden, New York City, for defendant-petitioner.

POLLACK, District Judge.

The defendant, Harry Hoffer, moves pursuant to Rule 33 Fed.R.Crim.P. for an order setting aside his June 1973 conviction of conspiracy and fraud and for a new trial on the grounds of newly discovered evidence and denial of the effective assistance of counsel in his defense.

In June 1973, Hoffer was found guilty by a jury of conspiracy; foreign transportation of money stolen or obtained by fraud; use of a fictitious name in carrying...

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