United States v. Ralph J. Visconti

In 1957, after a jury trial, Visconti and another defendant were convicted of narcotics violations and were sentenced by Judge Levet to imprisonment for a term' of eight years on count 1 and five years on count 4, to run concurrently. On appeal the judgment was affirmed by this court, United States v. Romero, 249 F.2d 371, and certiorari was denied January 20, 1958. Thereafter the defendants made a timely motion under Rule 35 F.R.Cr.P., 18 U.S.C.A., for reduction of sentence. This motion was denied by Judge Levet without opinion. Treating the motion as a petition under 28 U.S.C.A. § 2255,…