United States v. Gaetanino Polselli

Gaetanino Polselli appeals from the dismissal of his motion to vacate sentence pursuant to 28 U.S.C. § 2255. The District judge dismissed his motion on March 2, 1983 without an evidentiary hearing. Polselli requests this Court to remand the motion for an evidentiary hearing or in the alternative grant his motion to vacate.

Polselli pled guilty in February, 1982 to one count of mail fraud, in violation of 18 U.S.C. § 1341, and one count of use of an assumed name, in violation of 18 U.S.C. § 1342. Polselli’s plea was the result of a plea agreement in which Polselli agreed to plead guilty to…