United States v. Rosario

LEIBELL, District Judge.

The defendant, Raymond Rosario, hereinafter referred to as the petitioner, filed with the Clerk of this Court on August 15, 1956, a motion under Section 2255,' Title 28 U.S.C. to vacate the judgment and sentence imposed on Count Eleven of the Indictment. Petitioner contends that Count Eleven [a substantive offense involving the sale of five ounces of heroin on September 15, 1950] was merged in Count One of the indictment [conspiracy to sell marihuana, cocaine and heroin], on the grounds that the evidence that sustained Count One also sustained Count Eleven, and that…