United States v. McKenney

WEINFELD, District Judge.

Petitioners McKenney and Galgano, together with others, were convicted upon a trial by jury of conspiracy to violate certain provisions of the narcotics laws including section 174 of Title 21. Mc-Kenney was sentenced to a minimum term of five years as a first offender and Galgano to a minimum term of ten years as a second offender under the latter section. They now move, pursuant to 28 U.S.C.A. section 2255, to vacate, set aside and correct the sentences on the ground that they should have been sentenced un*145der Title 18, section 371, the general conspiracy statute,…