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UNITED STATES v. CIRILLO

No. 72 Cr. 309.

566 F.Supp. 1340 (1983)

UNITED STATES of America, v. Louis CIRILLO, Defendant.

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

July 1, 1983.

Attorney(s) appearing for the Case

John S. Martin, Jr., U.S. Atty., S.D.N.Y., New York City, for the U.S.; David W. Denton, Asst. U.S. Atty., New York City, of counsel.

William M. Kunstler, New York City, for defendant.

OPINION

EDWARD WEINFELD, District Judge.

Defendant, Louis Cirillo, moves pursuant to Rule 35 of the Federal Rules of Criminal Procedure to vacate and correct a sentence imposed upon him more than ten years ago as a second narcotics offender on the ground that it was imposed in violation of his constitutional rights and was in excess of the maximum authorized by law.

Upon his conviction by a jury of conspiracy to import and distribute heroin, and...

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