Anthony Giacalone v. United States

LUMBARD, Circuit Judge:

Anthony Giacalone moved, pursuant to 28 U.S.C. § 2255, or alternatively, Fed.R. Crim.P. 35(a), to vacate a six-year prison sentence imposed by Judge Sweet on December 22, 1980, to be served consecutively to a five-year sentence Giacalone was already serving on an unrelated charge. Giacalone appeals from the denial of the motion. We affirm.

I

On October 10, 1980, after a seven-week trial in the Southern District of New York before Judge Sweet, a jury convicted Anthony, Giacalone and two co-conspirators on numerous counts arising from an alleged conspiracy to embezzle funds…