Legal Opinion
United States v. Carminati
District Court, S.D. New York
Decided February 17, 1960PublishedCited by 2 opinions
1Opinion of the Court
WEINFELD, District Judge.
The petitioner moves that a sentence imposed upon him on February 14, 1957 be vacated and corrected and that he be resentenced in accordance with Rule 32 (a) of the Federal Rules of Criminal Procedure.
The basis of the motion is that before imposing sentence, the Court failed to “afford the defendant an opportunity to make a statement in his own behalf and to present any information in mitigation of punishment,” as required by Rule 32(a).
The Court is of the view that the Rule requires, even after a defendant’s counsel has made a statement for the defendant, that an…
2Cases cited10 opinions
- Diehl v. Lehigh Valley RailroadSupreme Court of the United States · 1955
- Clayton E. Gadsden v. United StatesCourt of Appeals for the D.C. Circuit · 1955
- United States v. TannuzzoCourt of Appeals for the Second Circuit · 1949
- Ronald Couch v. United StatesCourt of Appeals for the D.C. Circuit · 1956
- United States v. Anthony Carminati, William McKenney Jr., and Michael GalganoCourt of Appeals for the Second Circuit · 1957
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- United States ex rel. Murphy v. DennoDistrict Court, S.D. New York · 1964
- United States ex rel. Resseguie v. FolletteDistrict Court, S.D. New York · 1969