MAXWELL v. UNITED STATES

No. 70 Civ. 3235. No. 61 Cr. 206.

319 F.Supp. 269 (1970)

Noel MAXWELL, John Henry Purry and Clarence White, Petitioners, v. UNITED STATES of America, Respondent.

United States District Court, S. D. New York.

September 29, 1970.


Attorney(s) appearing for the Case

Harry C. Batchelder, Jr., New York City, for petitioners; Henry Huntington Rossbacher, New York City, of counsel.

Whitney North Seymour, Jr., U. S. Atty., S. D. N. Y., for respondent; David Keegan, New York City, of counsel.


TENNEY, District Judge.

Petitioners move pursuant to 28 U.S. C. § 2255 for an order vacating their sentences and judgments of conviction, contending that the five (5) year delay between the date of their initial trial in 1961 and their subsequent trial in 1966 violated their rights to a speedy trial and to due process of law under the Fifth and Sixth Amendments to the United States Constitution.

In 1961, petitioners were indicted with Winston Massiah...

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