John J. Vaccaro v. United States

GARZA, District Judge.

This is an appeal from an order of the District Court denying Appellant’s motion to vacate sentence pursuant to 28 U.S.C. § 2255, which raises the issue of whether Appellant had been subjected to double jeopardy when he was prosecuted a second time for marihuana offenses after his first prosecution thereon ended in a mistrial declared at his request.

Appellant in the court below, pro se, petitioned also for a writ of error coram nobis, but this request has been abandoned by his attorneys on appeal.

Appellant was convicted on two counts of a four-count indictment for…