Legal Opinion

Benigno v. United States

District Court, E.D. New York

Decided September 16, 2003No. 2:03-cv-01603PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

This case involves charges that the petitioner Salvatore Benigno (the “petitioner”) took part in a bid-rigging conspiracy in violation of 15 U.S.C. § 1 (the “Sherman Act”). Presently before the Court is a motion by the petitioner to withdraw his plea of guilty and vacate his conviction pursuant to Rule 32(e) of the Federal Rules of Criminal Procedure (“Rule 32(e)”) and 28 U.S.C. § 2255 (“Section 2255”), or alternatively to set aside his sentence pursuant to Section 2255.

I. BACKGROUND

In late February 2001, the petitioner received a “target”…

2Cases cited43 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Boykin v. AlabamaSupreme Court of the United States · 1969
  3. Hill v. LockhartSupreme Court of the United States · 1985
  4. Blackledge v. AllisonSupreme Court of the United States · 1977
  5. Koon v. United StatesSupreme Court of the United States · 1996

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3Cited by1 opinion

  1. Cohn v. Federal Bureau of PrisonsDistrict Court, S.D. New York · 2004

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