Clarence Stephan v. United States of America, Bernard Marchesani v. United States

These are consolidated appeals from a denial of motions to vacate judgment and sentence pursuant to 28 U.S.C. § 2255. We affirm.

Appellants, Marchesani and Stephan, were convicted at a jury trial of conspiracy to use extortionate means in attempting to collect an extension of credit in violation of 18 U.S.C. § 894. Marchesani was also convicted of the substantive offense. These convictions were affirmed in all respects in a decision reported at 457 F.2d 1291 (6th Cir. 1972).

These appeals raise the following issues: 1) Is 18 U.S.C. § 891 et seq. an unconstitutional exercise of the commerce and…