Legal Opinion
United States v. Forlano
District Court, S.D. New York
Decided February 24, 1965PublishedCited by 6 opinions
1Opinion of the Court
WYATT, District Judge.
This is a motion by Nicholas Forlano for an order vacating and setting aside his judgment of conviction in this Court on April 10, 1935.
The sentence contained in the judgment has been completely served. Relief in such a situation cannot be had under 28 U.S.C. § 2255 because the applicant is not “in custody” under the sentence. United States v. Bradford, 194 F.2d 197, 200 (2d Cir. 1952). But a motion for the common law writ of error coram nobis properly invokes the jurisdiction of this Court to set aside the judgment of conviction, even where the sentence has been fully…
2Cases cited6 opinions
- Carnley v. CochranSupreme Court of the United States · 1962
- United States v. MorganSupreme Court of the United States · 1954
- United States v. BradfordCourt of Appeals for the Second Circuit · 1952
- United States v. Nicholas ForlanoCourt of Appeals for the Second Circuit · 1963
- United States of America, Ex Rel. Tony Marino v. Ralph H. Holton, District Director, Immigration and Naturalization Service, Chicago, IllinoisCourt of Appeals for the Seventh Circuit · 1956
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- United States v. James Vincent KeoghCourt of Appeals for the Second Circuit · 1968
- United States v. Alfred Thomas DushaneCourt of Appeals for the Second Circuit · 1970
- United States v. George Irving Norman, Jr.Court of Appeals for the Sixth Circuit · 1968
- United States v. SullivanDistrict Court, D. Hawaii · 1968
- United States v. ForlanoCourt of Appeals for the Second Circuit · 1966
1 more not listed; retrieve them via the Exa API.