John Dececco, Sr. v. United States

LEVIN H. CAMPBELL, Circuit Judge.

This appeal presents the question whether DeCecco, whose criminal conviction has been set aside by writ of error coram nobis, is entitled, incident to the writ, to recover a $1,000 fine that he had paid pursuant to the vacated criminal judgment.

• DeCecco was convicted upon his plea of guilty entered September 27, 1965, 1 to two counts of a criminal information. Count 1 charged him with wilfully and knowingly failing to file a return required by the Internal Revenue Code disclosing the gross amount of wagers accepted, and the net amount of wager ing excise tax…