MEMORANDUM
CAFFREY, Chief Judge.
This is a petition under 28 U.S.C. § 2255 filed pro se by Peter Porcaro, who was found guilty by a jury on eight counts of mail fraud on February 1, 1982. On April 22, 1983, petitioner's conviction was affirmed on appeal as to seven of the counts and vacated as to one count. The matter is now before the Court on the government's motion to dismiss. Memoranda of law have been filed by both parties.
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