Legal Opinion

United States v. Carlos Marcello

Court of Appeals for the Fifth Circuit

Decided March 29, 1971No. 30519_1PublishedCited by 3 opinions

1Opinion of the Court

DYER, Circuit Judge:

Marcello, having been convicted of assaulting and intimidating an F.B.I. agent in violation of 18 U.S.C.A. 111, 1 which this Court affirmed on appeal, 2 now seeks review of the District Court’s denial of his motion for a new trial based upon the Government’s alleged suppression of evidence, and the denial, without a hearing, of his petition under 28 U.S.C.A. § 2255 in which he urged that his conviction was obtained by the knowing use of false testimony. We affirm.

The evidence supporting the conviction is fully developed in the previous opinion of this Court. Suffice it to…

2Cases cited8 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Napue v. IllinoisSupreme Court of the United States · 1959
  3. Mooney v. HolohanSupreme Court of the United States · 1935
  4. Sorrells v. United StatesSupreme Court of the United States · 1932
  5. United States v. Carlos MarcelloCourt of Appeals for the Fifth Circuit · 1970

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3Cited by3 opinions

  1. United States v. John Paul JonesCourt of Appeals for the Tenth Circuit · 1984
  2. James Timothy Overton v. United StatesCourt of Appeals for the Fifth Circuit · 1971
  3. Cook v. United StatesDistrict Court, D. New Mexico · 2023

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