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DeCECCO v. UNITED STATES

No. 73-1197.

485 F.2d 372 (1973)

John DeCECCO, Sr., Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided October 12, 1973.

Attorney(s) appearing for the Case

Robert L. Gammell, Asst. U. S. Atty., with whom Lincoln C. Almond, U. S. Atty., was on brief, for defendant-appellant.

J. Joseph Nugent, Jr., Providence, R. I., with whom Nugent & Nugent, Providence, R. I., was on brief, for plaintiff-appellee.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

This appeal presents the question whether DeCecco, whose criminal conviction has been set aside by writ of error coram nobis, is entitled, incident to the writ, to recover a $1,000 fine that he had paid pursuant to the vacated criminal judgment.

DeCecco was convicted upon his plea of guilty entered September 27, 1965,1 to two counts of a criminal information. Count 1 charged him with wilfully and...

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