DiCanio v. United States

Second Circuit

DiCanio v. United States

455 F.2d 990

Court of Appeals for the Second Circuit·Decided March 24, 1972·No. No. 516, Docket 71-2089·Published

Opinion

PER CURIAM:

This appeal was originally heard by a panel consisting of Judges Friendly, [991]*991Moore 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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PER CURIAM:

This appeal was originally heard by a panel consisting of Judges Friendly, [991]*991Moore 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.

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

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