United States v. Gelb

Full title: UNITED STATES of America, Appellee, v. Saul GELB, also known as Sol…

Court: United States Court of Appeals, Second Circuit

Date published: Jun 17, 1959

269 F.2d 675 (2d Cir. 1959)

Opinion

Docket 25685.

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.

PER CURIAM.

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