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ALFANO v. UNITED STATES

No. 1252, Docket 77-2013.

555 F.2d 1128 (1977)

Lawrence ALFANO, Petitioner-Appellee, v. UNITED STATES of America, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 8, 1977.

Attorney(s) appearing for the Case

Edward R. Korman, Chief Asst. U. S. Atty., E. D. N. Y., Brooklyn, N. Y. (David G. Trager, U. S. Atty., Brooklyn, N. Y., of counsel), for respondent-appellant.

Burton C. Agata, Hempstead, N. Y. (Manton, Pennisi, Dowd & Schwartz, Michael G. Dowd, Kew Gardens, N. Y., of counsel), for petitioner-appellee.

Before KAUFMAN, Chief Judge, CLARK, Associate Justice, and JAMESON, District Judge.

JAMESON, District Judge.

Lawrence Alfano was convicted, following a jury trial, of possession of stolen airline tickets in violation of 18 U.S.C. § 659. The judgment of conviction was affirmed without opinion on May 6, 1976. On August 31, 1976, Alfano filed a motion, pursuant to 28 U.S.C. § 2255, to set aside the judgment of conviction. The motion was granted on January 24, 1977. The order setting aside the judgment was based on the ground that there had...

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