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UNITED STATES v. MADONNA

Nos. 76 Cr. 846 (RLC), 81 Civ. 7269 (RLC).

556 F.Supp. 260 (1982)

UNITED STATES of America v. Matthew MADONNA, Defendant.

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

April 12, 1982.

Attorney(s) appearing for the Case

John S. Martin, Jr., U.S. Atty., S.D.N.Y., New York City, for plaintiff; James R. Devita, Asst. U.S. Atty., New York City, of counsel.

Newman & Adler, New York City, for defendant; Gustave H. Newman, New York City, of counsel.

OPINION

ROBERT L. CARTER, District Judge.

I

In a motion filed on November 20, 1981, pursuant to 28 U.S.C. § 2255 and fully submitted as of March 5, 1982, defendant Matthew Madonna moves to vacate and set aside his conviction and sentence.

Madonna was tried and convicted on a two count indictment charging a conspiracy to import heroin into the country and possession of heroin with the intent to distribute the drug. His trial, with two...

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