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  • Charles Dicanio v. United States, 455 F.2d 990, 2d Cir. (1972)

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    Charles DiCanio appealed a decision to the United States Court of Appeals for the Second Circuit. One of the original judges on the panel, Judge Moore, had to withdraw because he was the United States Attorney for the Eastern District of New York when DiCanio was originally sentenced. Judge Feinberg replaced Judge Moore on the panel. After reviewing the case files and arguments, the new three-judge panel affirmed the previous decision.

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    Filed: 1972-03-24 Precedential Status: Precedential Citations: 455 F.2d 990 Docket: 516

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    Charles DiCanio appealed a decision to the United States Court of Appeals for the Second Circuit. One of the original judges on the panel, Judge Moore, had to withdraw because he was the United States Attorney for the Eastern District of New York when DiCanio was originally sentenced. Judge Feinberg replaced Judge Moore on the panel. After reviewing the case files and arguments, the new three-judge panel affirmed the previous decision.

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    4 views1 page

    Charles Dicanio v. United States, 455 F.2d 990, 2d Cir. (1972)

    Uploaded by

    Scribd Government Docs
    Charles DiCanio appealed a decision to the United States Court of Appeals for the Second Circuit. One of the original judges on the panel, Judge Moore, had to withdraw because he was the United States Attorney for the Eastern District of New York when DiCanio was originally sentenced. Judge Feinberg replaced Judge Moore on the panel. After reviewing the case files and arguments, the new three-judge panel affirmed the previous decision.

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    of 1

    455 F.

    2d 990

    Charles DiCANIO, Plaintiff-Appellant,


    v.
    UNITED STATES of America, Defendant-Appellee.
    No. 516, Docket 71-2089.

    United States Court of Appeals,


    Second Circuit.
    Submitted March 16, 1972.
    Decided March 24, 1972.

    Charles DiCanio, pro se.


    Robert A. Morse, U. S. Atty., E. D. New York, David G. Trager, George
    H. Weller, Asst. U. S. Attys., Brooklyn, N. Y., for appellee.
    Before FRIENDLY, Chief Judge, and FEINBERG and MANSFIELD,
    Circuit Judges.
    PER CURIAM:

    This appeal was originally heard by a panel consisting of Judges Friendly,


    Moore and Mansfield. When the Court's attention was directed to the fact that
    Judge Moore was the United States Attorney for the Eastern District of New
    York when DiCanio was sentenced in 1956, Judge Moore withdrew from the
    panel and Judge Feinberg was substituted as the third member.

    After considering the record and briefs of the parties, including appellant's
    petition for rehearing, we affirm.

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