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U.S. v. JOHNPOLL

No. 83 Cr. 82 (RLC).

748 F.Supp. 86 (1990)

UNITED STATES of America v. Harvey JOHNPOLL, Defendant.

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

August 2, 1990.

Attorney(s) appearing for the Case

Otto G. Obermaier, U.S. Atty., S.D.N.Y., New York City, for U.S.; James E. Johnson, Asst. U.S. Atty., of counsel.

Zane and Rudofsky, New York City, for defendant; James B. Zane, Edward S. Rudofsky, Scott Leavitt, of counsel.

ROBERT L. CARTER, District Judge.

Defendant Harvey Johnpoll, in a petition pursuant to 28 U.S.C. § 2255, seeks an order vacating his conviction and judgment, dismissing the indictment against him with prejudice, granting him a full hearing on the issues raised in the petition, and granting him a new trial. Additionally, Johnpoll moves pursuant to 28 U.S.C. §§ 144 and 455 that the court recuse itself from deciding the instant petition.

I.

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