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D'OTTAVIO v. U.S.

Nos. 93 Civ. 5808 (JES), S87 Cr. 205 (JES).

847 F.Supp. 322 (1994)

Salvatore D'OTTAVIO, Petitioner, v. UNITED STATES of America, Respondent.

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

March 30, 1994.

Attorney(s) appearing for the Case

Salvatore D'Ottavio, pro se.

Mary Jo White, U.S. Atty., S.D.N.Y., New York City (Deirdre M. Daly, Asst. U.S. Atty., of counsel), for respondent.

MEMORANDUM OPINION AND ORDER

SPRIZZO, District Judge.

Salvatore D'Ottavio, acting pro se, brings this third 28 U.S.C. § 2255 petition to vacate his conviction, which was affirmed by the United States Court of Appeals for the Second Circuit. In this petition, D'Ottavio claims that his conviction on Count Ten of the Indictment (S87 Cr. 205 (JES)) is duplicitous, and that his attorney failed to advise him that he could testify as to hearsay statements...

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