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PACELLI v. UNITED STATES

No. 77 Civ. 5451(MP).

448 F.Supp. 234 (1978)

Vincent PACELLI, Jr., Petitioner, v. UNITED STATES of America, Respondent.

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

April 6, 1978.

Attorney(s) appearing for the Case

Steven B. Duke, New Haven, Conn., for petitioner.

Robert B. Fiske, Jr., U. S. Atty., for the Southern District of New York by James P. Lavin and Audrey Strauss, Asst. U. S. Attys., New York City.

OPINION

POLLACK, District Judge.

This is a motion under 28 U.S.C. § 2255 to vacate a sentence on a conviction for substantive narcotic offenses on the ground that a conspiracy count barred by the Double Jeopardy Clause was improperly and prejudicially joined in the Indictment and tried with the substantive offenses on which petitioner was convicted.

For the reasons shown below, the petition must be denied.

Vincent Pacelli, Jr. had been...

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