United States v. Charles A. D'amato, A/K/A 'Chazzo' Appeal of Richard Mannetta A/K/A 'Ritchie'

OPINION OF THE COURT

STALEY, Circuit Judge.

Appellant, Richard Mannetta, pleaded guilty in the district court to a charge that he had violated 18 U.S.C. § 1952. 1 Prior to his guilty plea, appellant had moved to dismiss all charges against him on the grounds that § 1952 is unconstitutional and that it violates his right to due process as guaranteed by the Fifth Amendment. This motion was denied by the district court in an opinion and order dated January 8, 1970. When the appellant entered his guilty plea, he explicitly reserved the right to appeal the resultant conviction on the ground that §…