Legal Opinion

McFarlane v. United States

District Court, S.D. New York

Decided July 10, 1964PublishedCited by 8 opinions

1Opinion of the Court

WEINFELD, District Judge.

Petitioner, now confined at the Federal Reformatory, Chillicothe, Ohio, under a sentence imposed pursuant to the Federal Youth Corrections Act,1 upon his conviction after trial of a narcotics charge, moves to vacate the sentence and for immediate release pursuant to section 2255 of Title 28 on three separate grounds: (1) the insufficiency of the indictment; (2) a seventeen-hour delay in his arraignment following his arrest; and (3) his arrest without a .warrant eight months after the commission of the crime.

On consideration of each ground, the Court finds no basis for…

2Cases cited10 opinions

  1. United States v. MitchellSupreme Court of the United States · 1944
  2. United States of America, Appellee-Appellant v. David Klapholz and Paula Klapholz, Defendants-Appellants-AppelleesCourt of Appeals for the Second Circuit · 1956
  3. United States v. Jack SpadaCourt of Appeals for the Second Circuit · 1964
  4. David Holston Roddy v. United StatesCourt of Appeals for the Tenth Circuit · 1961
  5. United States v. Gerald Joseph KoptikCourt of Appeals for the Seventh Circuit · 1962

5 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Smith v. United StatesDistrict Court, D. Maryland · 1967
  2. Diaz v. United StatesDistrict Court, E.D. Louisiana · 1967
  3. State v. McFarlandCourt of Appeals of Washington · 1976
  4. People v. WynnNew York Supreme Court · 1980
  5. David v. United StatesDistrict Court, S.D. New York · 1965

3 more not listed; retrieve them via the Exa API.

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