UNITED STATES v. CASTELLI

No. 388, Docket 27325.

306 F.2d 640 (1962)

UNITED STATES of America, Appellee, v. Joseph CASTELLI, a/k/a Giuseppe Gagliano, Petitioner-Appellant.

United States Court of Appeals Second Circuit.

Decided July 10, 1962.


Attorney(s) appearing for the Case

Elmer Fried, Fried & Mailman, New York City, for petitioner-appellant.

Richard A. Givens, New York City, Robert M. Morgenthau, U. S. Atty., for Southern Dist. of New York, Andrew T. McEvoy, Jr., Asst. U. S. Atty., for appellee.

Before FRIENDLY, SMITH and MARSHALL, Circuit Judges.


PER CURIAM.

In 1927 appellant was convicted, on a plea of guilty before Judge Knox in the Southern District of New York, of unlawful sale of heroin. He received a one year sentence. In 1955, the 1927 conviction became the basis for appellant's deportation; he then reentered illegally. Now facing a new deportation proceeding, he made an application in the nature of coram nobis to vacate the 1927 conviction, United States...

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