United States v. Maresca
District Court, S.D. New York
Enrico Maresca and others were indicted for conspiracy to commit an offense against the United States. On motions by the named defendant under an order to show cause why the district attorney should not return a book to the petitioning defendant, and motion under another order to show cause why an order of the commissioner directing a return of certain seized documents to a defendant should not be set aside.
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Enrico Maresca and others were indicted for conspiracy to commit an offense against the United States. On motions by the named defendant under an order to show cause why the district attorney should not return a book to the petitioning defendant, and motion under another order to show cause why an order of the commissioner directing a return of certain seized documents to a defendant should not be set aside. The indictment is for conspiracy to commit an offense against the United States, and also (in- other counts) for various substantive offenses, which may loosely be described as using…
1Opinion of the Court
(1) Remarks on the Practice.
HOUGH, Circuit Judge
(after stating the facts as above). Motion No. 1 is simplified by an admission in open court that the one book which is the subject of that motion is in the physical possession of the United States attorney. Therefore the motion seems to be strictly within the procedure approved in Weeks v. United States, 232 U. S. 383 and described at page 287, 34 Sup. Ct. 341, 58 L. Ed. 652, L. R. *717A. 1915B, 834, Ann. Cas. 1915C, 1177. It is a proceeding in the case whose caption is at the head of this memorandum.
Motion No. 2 cannot be procedural!/ a part of…
2Cases cited24 opinions
- Boyd v. United StatesSupreme Court of the United States · 1886
- Weeks v. United StatesSupreme Court of the United States · 1914
- Silverthorne Lumber Co. v. United StatesSupreme Court of the United States · 1920
- In Re ChetwoodSupreme Court of the United States · 1897
- Grin v. ShineSupreme Court of the United States · 1902
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3Cited by74 opinions
- Cogen v. United StatesSupreme Court of the United States · 1929
- Louis Sager Hunsucker, Jr. v. Robert L. Phinney, District Director of Internal RevenueCourt of Appeals for the Fifth Circuit · 1974
- United States v. Alejandrina TorresCourt of Appeals for the Seventh Circuit · 1985
- Giles v. United StatesCourt of Appeals for the First Circuit · 1922
- State v. OwensSupreme Court of Missouri · 1924
69 more not listed; retrieve them via the Exa API.