269 F2d 675 United States v. Gelb

269 F.2d 675

UNITED STATES of America, Appellee,
Saul GELB, also known as Sol Gordin, Appellant.

Docket 25685.

United States Court of Appeals Second Circuit.

Argued June 1, 1959.

Decided June 17, 1959.

Certiorari Denied October 12, 1959.

See 80 S.Ct. 66.

Appeal from the United States District Court for the Southern District of New York; Frederick van Pelt Bryan, Judge.

Saul Gelb appeals from an order denying his motion under 28 U.S.C. § 2255 and Fed.R.Crim.P. 35, 18 U.S.C. to vacate a sentence of imprisonment on plea of guilty to a narcotics charge because at the time he was on parole for another crime and awaited probation on still another crime, or alternatively because the statute of limitations had run.

Harry Salvan, New York City, for appellant.

Herbert F. Roth, Asst. U. S. Atty., S. D.N.Y., New York City (S. Hazard Gillespie, Jr., U. S. Atty., and Kevin Thomas Duffy, Asst. U. S. Atty., New York City, on the brief), for appellee.

Before CLARK, Chief Judge, and LUMBARD and WATERMAN, Circuit Judges.


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Affirmed on the opinion of District Judge Bryan, D.C.S.D.N.Y., 175 F.Supp. 267.