Legal Opinion
Banks v. United States
District Court, S.D. New York
Decided April 14, 1970No. 69 Civ. 4601PublishedCited by 2 opinions
1Opinion of the Court
MANSFIELD, District Judge.
Petitioner, who is presently serving a 10-year sentence as a second narcotics offender, 26 U.S.C. § 7237(c), moves pursuant to 28 U.S.C. § 2255 to set aside his earlier narcotics conviction and sentence on the grounds (1) that his guilty plea was involuntary and made without an understanding of the charge or knowledge of its consequences; and (2) that the statutes under which he was convicted, 21 U.S.C. § 176a, 26 U.S.C. §§ 4742(a) and 4744(a), are unconstitutional.
On March 13, 1957, petitioner, who was represented by Samuel Altman, Esq., since deceased, pleaded…
2Cases cited10 opinions
- McCarthy v. United StatesSupreme Court of the United States · 1969
- Heflin v. United StatesSupreme Court of the United States · 1959
- Halliday v. United StatesSupreme Court of the United States · 1969
- The United States of America v. Emanuel LesterCourt of Appeals for the Second Circuit · 1957
- Russell T. Halliday v. United StatesCourt of Appeals for the First Circuit · 1967
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3Cited by2 opinions
- Heather Shaffer v. Carolyn KavarnosDistrict Court, S.D. New York · 2026
- State v. BellCourt of Appeals of Wisconsin · 1984