August J. Serio v. United States

The judgment of this court affirming the conviction of appellant has been vacated by the Supreme Court and the case remanded to this court to be considered in light of the decision of the Supreme Court in Bruton, v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476. Bruton overruled Delli Paoli v. United States, 352 U.S. 232, 77 S.Ct. 294, 1 L.Ed.2d 278, which had sustained Delli Paoli’s conviction at a joint trial in which the confession of a co-defendant, which implicated Delli Paoli, had been admitted in evidence. The Court there held that prejudice was avoided by the court’s…