Tramaglino v. United States

EDELSTEIN, District Judge.

Petitioner moves, pursuant to Section 2255, Title 28, U.S.Code, to vacate the judgment and sentence imposed on him in one count of an indictment charging a number of defendants with conspiracy to commit, and with committing, offenses involving the purchase and sale of narcotics and marihuana. Judgments of •conviction were affirmed in United States v. Tramaglino, 2 Cir., 197 F.2d 928. This is petitioner’s third motion under Section 2255. He contends that Count III of the indictment, a substantive count charging a specific sale by him, merges into the conspiracy…