United States v. De Fillo

IRVING R. KAUFMAN, District Judge.

For the second time within a year petitioner moves under 28 U.S.C. §• 2255 for the setting aside of his sentence. This motion like the previous one attempts to raise objections which should have been raised at the trial, if at all. The motion is denied.

Petitioner and a co-defendant were convicted by a jury of violations of the federal narcotics laws. Petitioner was sentenced as a second offender on June 14, 1957. The convictions were affirmed by the Court of Appeals, 2 Cir., 1958, 257 F.2d 835, certiorari denied, 1959, 359 U.S. 915, 79 S.Ct. 591, 3 L.Ed.2d…