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Greene v. United States

March 30, 1979

ALBERT GREENE, PETITIONER-APPELLANT,
v.
UNITED STATES OF AMERICA, RESPONDENT-APPELLEE.



Present: HONORABLE HENRY J. FRIENDLY, HONORABLE J. JOSEPH SMITH, HONORABLE WALTER R. MANSFIELD, Circuit Judges.

Upon this appeal by Albert Greene from an order of the Southern District of New York (Duffy, J.) entered on September 22, 1978, denying his petition pursuant to Title 28 U.S.C. § 2255 seeking his release from imprisonment upon his conviction on May 27, 1976, of violation of the federal narcotics laws, 21 U.S.C. §§ 812, 841(a), (b)(1)(A), 846, the order of the district court is

AFFIRMED. Since most of appellant's claims (e.g., multiple conspiracies, Pannirello's identification) were raised and decided against him on his direct appeal, United States v. Taylor, 562 F.2d 1345 (2d Cir.), cert. denied, 434 U.S. 853 (1977), they are not cognizable collaterally under § 2255, United States v. Natelli, 553 F.2d 5 (2d Cir. 1977), cert. denied, 434 U.S. 819 (1977). The balance of the claims may not be raised for the first time under § 2255 because they are either non-constitutional or do not amount to fundamental defects leading to a complete miscarriage of justice. Pacelli v. United States, 588 F.2d 360 (2d Cir. 1978).

19790330

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