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MIRRA v. UNITED STATES

No. 100, Docket 32509.

402 F.2d 888 (1968)

Anthony MIRRA, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided November 1, 1968.

Attorney(s) appearing for the Case

Anthony Mirra, pro se.

Douglas S. Liebhafsky, Asst. U. S. Atty. (Robert M. Morgenthau, U. S., Atty. for the Southern District of New York, David A. Luttinger and Charles P. Sifton, Asst. U. S. Attys., on the brief), for appellee.

Before LUMBARD, Chief Judge and KAUFMAN and HAYS, Circuit Judges.

LUMBARD, Chief Judge:

On June 26, 1962, appellant Anthony Mirra was sentenced, without a jury trial, to a term of one year for criminal contempt by Judge MacMahon of the Southern District of New York. In 1966, after Mirra had exhausted all of his appellate remedies, the Supreme Court decided in Cheff v. Schnackenberg, 384 U.S. 373, 86 S.Ct. 1523, 16 L.Ed.2d 629 (1966), that federal courts could not impose criminal contempt sentences...

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