United States v. Nick Di Martini

We are asked to vacate our dismissal — entered October 4, 1954, on motion of the United States for lack of prosecution — of defendant’s appeal from denial of relief in the nature of coram no-bis from a conviction in the court below entered in 1932 and duly served. Defendant is presently confined in a New York State prison under state sentence under its multiple offender law, and seeks this relief as a basis for amelioration of his state sentence. Judge Dimock first decided that defendant was entitled to a full hearing, United States v. Di Martini, D.C.S.D.N.Y., 118 F.Supp. 601, and then,…