Legal Opinion

United States v. Palermo

District Court, S.D. New York

Decided April 12, 1961PublishedCited by 8 opinions

1Opinion of the Court

MacMAHON, District Judge.

Defendants move pursuant to Rule 48 (b), Federal Rules of Criminal Procedure, 28 U.S.C.A., for an order dismissing the complaint on the ground that there has been an unnecessary delay in presenting the charge to a grand jury.*

On May 6, 1960, a complaint was filed charging the above-named defendants with the sale of approximately 500 grams of heroin, in violation of Title 21, Sections 173 and 174, U.S.C.A. The defendants waived a hearing before the Commissioner and were released on bail.

The government explains that its failure to present the case to a grand jury has…

2Cases cited5 opinions

  1. Pollard v. United StatesSupreme Court of the United States · 1957
  2. Beavers v. HaubertSupreme Court of the United States · 1905
  3. United States v. McWilliamsCourt of Appeals for the D.C. Circuit · 1947
  4. United States v. Research Foundation, Inc.District Court, S.D. New York · 1957
  5. United States v. KabotDistrict Court, S.D. New York · 1960

3Cited by8 opinions

  1. Gene Z. Hanrahan v. United States of America, William T. P. Shea v. United States of America, John W. Tynan v. United StatesCourt of Appeals for the D.C. Circuit · 1965
  2. United States v. Joseph Kaufman and Domenic MauroCourt of Appeals for the Second Circuit · 1963
  3. United States v. RichardsonDistrict Court, S.D. New York · 1968
  4. United States v. Mark II Electronics of Louisiana, Inc.District Court, E.D. Louisiana · 1968
  5. United States v. SalzmannDistrict Court, E.D. New York · 1976

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