Court of Appeals for the Second Circuit July 7, 1972, 868, Docket 72-1438 (Matthew Massimo v. United States)

HAYS, Circuit Judge:

Matthew Massimo appeals from an order of the United States District Court for the Southern District of New York denying, after a hearing, a motion to vacate his sentence pursuant to 28 U.S.C. § 2255 (1970).

In 1969 Massimo was convicted by Judge Motley, sitting without a jury, on twenty-three counts of mail fraud and one conspiracy count, 18 U.S.C.