Madonna v. U.S.
| Decision Date | 23 September 1982 |
| Citation | Madonna v. U.S., 697 F.2d 293 (2nd Cir. 1982) |
| Parties | Madonna v. U. S. 82-2132 |
| Court | U.S. Court of Appeals — Second Circuit |
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3 cases
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Diamen v. US
... ... "By merely designating this a § 2255 motion, 16 the time constraints applicable to a motion based on newly discovered evidence cannot be so readily circumvented." United States v. Madonna, 556 F.Supp. 260, 266 (S.D.N.Y .) (citation omitted), aff'd, 697 F.2d 293 (2d Cir. 1982), cert. denied, 459 U.S. 1108, 103 S.Ct. 734, 74 L.Ed.2d 957 (1983); Guinan, supra, 6 F.3d at 470-71 ; United States v. DeCarlo, 848 F.Supp. 354, 355-58 (E.D.N.Y.1994) (Rule 33's time limits may not be ... ...
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Costanzo v. US
... ... Thus, even if Agostino did lie in minimizing his own role, such testimony was not material to the case against Costanzo. See United States v. Madonna, 556 F.Supp. 260 (S.D.N.Y.), aff'd without op., 697 F.2d 293 (2d Cir.1982), cert. denied, 459 U.S. 1108, 103 S.Ct. 734, 74 L.Ed.2d 957 (1983) ... Finally, there is no showing that Government knew or had reason to believe, that Agostino testified other than truthfully and ... ...
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US v. DeCarlo, CR-87-760.
... ... § 2255 which contains no time limitation. The question thus raised is whether the time limitations of Rule 33 may be circumvented by designating a motion induced by "newly discovered evidence" as one brought pursuant to 28 U.S.C. § 2255. In United States v. Madonna, 556 F.Supp. 260 (S.D.N.Y.), aff'd, 697 F.2d 293 (2d Cir.1982), cert. denied, 459 U.S. 1108, 103 S.Ct. 734, 74 L.Ed.2d 957 (1983), following the affirmance of his conviction the defendant moved more than three years later pursuant to § 2255 to vacate and set aside his conviction and sentence. His ... ...