John Frank Azzone v. United States

Appellant and Roceo Salvatore Lupino were tried jointly in the federal court and found guilty of violating 18 U.S. C.A. § 1073, commonly called the Fugitive Felon Act. From the judgment imposing a prison sentence of five years, they appealed. We affirmed. Lupino v. United States, 268 F.2d 799 (2 Cir. 1959), cert. denied, 361 U.S. 834, 80 S. Ct. 86, 4 L.Ed.2d 75 (1961). Azzone’s first motion to vacate the sentence was denied on January 16, 1961. Azzone v. United States, D.C., 190 F.Supp. 376. He did not perfect an appeal from the order denying relief.

Having served the sentence imposed under…