Joseph D'ErcolE v. United States

The appellant, Joseph D’Ercole, was convicted, under 21 U.S.C. §§ 173 and 174, of selling heroin illegally imported into the United States and was sentenced to twenty years imprisonment, which he is now serving. Upon a plenary appeal his conviction was affirmed by this court, sub nom. United States v. Cimino, 321 F.2d 509 (2 Cir., 1963), Judge Waterman dissenting, cert. denied 375 U.S. 974, 84 S.Ct. 491, 11 L.Ed.2d 418 (1964). D’Ercole then commenced this present proceeding under 28 U.S.C. § 2255 to have the judgment of conviction vacated and set aside. The district judge denied the petition,…