United States v. Cirillo

OPINION

EDWARD WEINFELD, District Judge.

Defendant, Louis Cirillo, moves pursuant to Rule 35 of the Federal Rules of Criminal Procedure to vacate and correct a sentence imposed upon him more than ten years ago as a second narcotics offender on the ground that it was imposed in violation of his constitutional rights and was in excess of the maximum authorized by law.

Upon his conviction by a jury of conspiracy to import and distribute heroin, and a substantive count of distribution of heroin, the defendant was sentenced on May 25, 1972 to two concurrent terms of twenty-five years imprisonment…