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UNITED STATES v. CARIOLA

No. 14347.

323 F.2d 180 (1963)

UNITED STATES of America, Respondents, v. Sammy CARIOLA, Petitioner-Appellant.

United States Court of Appeals Third Circuit.

Decided October 3, 1963.

Attorney(s) appearing for the Case

John W. Condon, Jr., Buffalo, N. Y. (Condon, Klocke, Ange & O'Donnell, Buffalo, N. Y., Salvatore J. Avena, Camden, N. J., on the brief), for appellant.

Ralph J. Kmiec, Asst. U. S. Atty., Camden, N. J. (David M. Satz, Jr., U. S. Atty., Newark, N. J., on the brief), for appellee.

Before BIGGS, Chief Judge, STALEY, Circuit Judge, and STEEL, District Judge.

STEEL, District Judge.

In 1938 petitioner served a 24-hour sentence imposed by the District Court of New Jersey after pleading guilty to a "technical violation" of the Mann Act, then 18 U.S.C. § 398, now 18 U.S.C. § 2421. In 1962 he filed in the same court a verified document styled "Petition for a Writ of Coram Nobis" which prayed that the conviction and sentence be vacated. The petition alleged that petitioner originally pleaded "not guilty" and had gone...

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