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MARINO v. U.S.

No. 89 CV 1595 (TCP).

735 F.Supp. 60 (1990)

Richard J. MARINO, Petitioner, v. UNITED STATES of America, Respondent.

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

February 27, 1990.

Attorney(s) appearing for the Case

James J. Piampiano, Rochester, N.Y., for petitioner.

Dennis C. Vacco, U.S. Atty. by Charles B. Wydysh, Buffalo, N.Y., for the U.S.

MEMORANDUM AND ORDER

PLATT, Chief Judge.

Petitioner moves, pursuant to 28 U.S.C. § 2255, for an order to vacate or reduce his sentence. Petitioner was sentenced by this Court to consecutive twenty year terms of imprisonment for violation of 18 U.S.C. § 1962(c) and (d) of the RICO Act. In support of his petition, petitioner claims that consecutive sentences are improper because Count II (conspiracy to violate RICO — § 1962(d)) was a...

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