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UNITED STATES v. DIACO

Crim. No. 74-555.

448 F.Supp. 978 (1978)

UNITED STATES of America, Plaintiff, v. Joseph DIACO, Defendant.

United States District Court, D. New Jersey.

February 8, 1978.

Attorney(s) appearing for the Case

Robert J. Del Tufo, U. S. Atty. William W. Robertson, Asst. U. S. Atty., Newark, N. J., for plaintiff.

Frederic C. Ritger, Jr., South Orange, N. J., for defendant.

OPINION

LACEY, District Judge.

Defendant Diaco moves by motion filed on January 25, 1978, to reduce his sentence under Fed.R.Crim.P. 35.

He grounds his motion upon an unusual predicate: that on February 3, 1978 another judge of this court, taking issue with the five-year sentence I imposed upon Diaco and his codefendants in June 1975, vacated that sentence and purported to resentence certain of the defendants to a term of six months' incarceration...

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