Legal Opinion

Azzone v. United States

District Court, D. Minnesota

Decided November 6, 1963No. 4 63 Civ. 420PublishedCited by 2 opinions

1Opinion of the Court

DEVITT, Chief Judge.

Petitioner seeks appointment of counsel and a full hearing on a claim for relief under 28 U.S.C. § 2255. The relief sought is the vacating of the judgment of sentence and conviction of November 24, 1958.

Petitioner was charged with violations of 18 U.S.C. § 1073, in that he allegedly left the State of Minnesota on September 30, 1953, to avoid prosecution for the crimes of having murdered and kidnapped Anthony Ralph DeVito. Upon conviction, Petitioner appealed, but the conviction was affirmed. Lupino v. United States, C.A.8th Cir., 268 F.2d 799 (1959), cert. den. 361 U.S.…

2Cases cited7 opinions

  1. Heflin v. United StatesSupreme Court of the United States · 1959
  2. Parker v. EllisSupreme Court of the United States · 1960
  3. Rocco Salvatore Lupino v. United States of America. John Frank Azzone v. United StatesCourt of Appeals for the Eighth Circuit · 1959
  4. United States v. KerschmanCourt of Appeals for the Seventh Circuit · 1953
  5. Archie Frank Ragavage v. United StatesCourt of Appeals for the Fifth Circuit · 1960

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3Cited by2 opinions

  1. John Frank Azzone v. United StatesCourt of Appeals for the Eighth Circuit · 1965
  2. Azzone v. United StatesDistrict Court, D. Minnesota · 1965

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