Legal Opinion

United States v. Monti

District Court, E.D. New York

Decided December 29, 1958No. Cr. No. 41929Published

1Opinion of the Court

BYERS, Chief Judge.

This is a Title 28, Section 2255 motion by the defendant for an order vacating and setting aside his judgment of conviction of treason, on January 17, 1949.

A like motion was made and denied by Judge Inch, who was the trial judge before whom the defendant pleaded guilty in open court, and is the subject of his opinion reported in D.C., 100 F.Supp. 209.

The head note states at the outset, that the defendant James Monti is “also known as Martin Wiethaupt.”

That decision was not appealed.

The present motion is more restricted in scope than the former, being confined to the single…

2Cases cited12 opinions

  1. United States v. GallagherCourt of Appeals for the Third Circuit · 1950
  2. Chandler v. United StatesCourt of Appeals for the First Circuit · 1948
  3. United States v. John David ProvooCourt of Appeals for the Second Circuit · 1954
  4. Best v. United StatesCourt of Appeals for the First Circuit · 1950
  5. Pon v. United StatesCourt of Appeals for the First Circuit · 1948

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