VACCARO v. UNITED STATES

No. 22285.

360 F.2d 606 (1966)

John J. VACCARO, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 16, 1966.


Attorney(s) appearing for the Case

F. Irvin Dymond, George M. Leppert, New Orleans, La., for appellant.

James R. Gough, Asst. U. S. Atty., Woodrow Seals, U. S. Atty., William B. Butler, Asst. U. S. Atty., for appellee.

Before RIVES and THORNBERRY, Circuit Judges, and GARZA, District Judge.


GARZA, District Judge.

This is an appeal from an order of the District Court denying Appellant's motion to vacate sentence pursuant to 28 U.S.C. § 2255, which raises the issue of whether Appellant had been subjected to double jeopardy when he was prosecuted a second time for marihuana offenses after his first prosecution thereon ended in a mistrial declared at his request.

Appellant in the court below, pro se, petitioned also for a writ of error coram...

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