United States v. Di Pippa

MARSH, District Judge.

The petitioner, Rocco DiPippa, filed a “Petition for Writ of Habeas Corpus” which we treat, in accordance with his desire, as a petition to vacate sentence pursuant to § 2255, Title 28 U.S.C.A.

The petition alleges, inter alia', that petitioner pleaded guilty to two indictments, Nos. 13295 and 13296, and was sentenced on July 2, 1951 to imprisonment for nine years.1

On October 5, 1953, petitioner moved to vacate the sentences imposed on these two convictions. But pursuant to the mandate of the Court of Appeals, the sentence at Indictment No. 13295 was corrected to one year…