Gargano v. United States

Appellant, after conviction and sentence for violations of 21 U.S.C.A. § 174, moved the trial court to vacate judgment in part, on the ground that two counts under which he was convicted and sentenced stated but one offense. But see Palmero v. United States, 1 cir., 112 F.2d 922; Silverman v. United States, 1 cir., 59 F.2d 636, certiorari denied 287 U.S. 640, 53 S.Ct. 89, 77 L.Ed. 554; Parmagini v. United States, 9 cir., 42 F.2d 721, 724, 725, certiorari denied 283 U.S. 818, 51 S.Ct. 344, 75 L.Ed. 1434. Within three months after denial of that motion he petitioned the trial court for…