MARCELLO v. UNITED STATES

No. 20378.

328 F.2d 961 (1964)

Carlos MARCELLO, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

March 12, 1964.


Attorney(s) appearing for the Case

Michel A. Maroun, Shreveport, La., Jack Wasserman, David Carliner, Washington, D. C., G. Wray Gill, New Orleans, La., for appellant.

Harry T. Alexander, Atty., Dept. of Justice, Washington, D. C., Peter E. Duffy, Edward Malenof, Asst. U. S. Attys., Louis C. LaCour, U. S. Atty., New Orleans, La., Shellie F. Bowers, Atty., Department of Justice, Washington, D. C., for appellee.

Before HUTCHESON and BELL, Circuit Judges, and BREWSTER, District Judge.


HUTCHESON, Circuit Judge.

This is an appeal from a denial of a petition in the nature of a writ of error coram nobis. The appellant, Carlos Marcello, seeks to vacate an October 29, 1938 conviction of the Marihuana Tax Act of 1937, on the grounds that on the day of conviction he was not represented by counsel and he did not waive his right thereto.

The district judge denied the petition, writing two opinions in connection with its denial. The first,...

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