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PALLATTA v. UNITED STATES

No. 80 Civ. 4099 (IBC).

500 F.Supp. 612 (1980)

Frank PALLATTA, Petitioner, v. UNITED STATES of America, Respondent.

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

October 22, 1980.

Attorney(s) appearing for the Case

Lopez & Blossner, New York City, for petitioner; Frank A. Lopez, New York City, of counsel.

John S. Martin, Jr., U. S. Atty., S. D. N. Y., New York City, for respondent; Dominic F. Amorosa, Asst. U. S. Atty., New York City, of counsel.

OPINION

IRVING BEN COOPER, District Judge.

The defendant Pallatta, now serving a sentence of thirty years which we imposed almost five years ago (December 3, 1975) following his trial before us (which resulted in his conviction by jury on four counts of conspiracy to violate the narcotics laws and the distribution of heroin and cocaine), now applies for an order setting aside the sentence imposed and directing that he be resentenced before "a different judge...

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