Legal Opinion
Lupino v. United States
District Court, D. Minnesota
Decided July 28, 1960No. 4-60 Civ. 208, Re 4-58 Cr. 77PublishedCited by 6 opinions
1Opinion of the Court
DEVITT, Chief Judge.
On June 29, 1960 Rocco Salvatore Lupino (hereinafter referred to as the defendant) moved this Court under Title 28 U.S.C. § 2255, for an order vacating a sentence imposed upon him on November 28, 1958. He has also moved for leave to proceed in forma pauperis pursuant to Title 28 U.S.C. § 1915.
The basis for the motion to vacate sentence is that the statute under which conviction was had, Title 18 U.S.C. § 1073, is unconstitutional. There are three grounds for unconstitutionality alleged in the motion to vacate sentence: First, that Section 1073 violates the Fifth Amendment…
2Cases cited11 opinions
- Darr v. BurfordSupreme Court of the United States · 1950
- Hoke & Economides v. United StatesSupreme Court of the United States · 1913
- United States v. Domenico Bando, A/K/A 'Nick Bando,' Leo Telvi and Gondolfo Miranti, A/K/A 'Shiekie,'Court of Appeals for the Second Circuit · 1957
- John W. McGuinn v. United StatesCourt of Appeals for the D.C. Circuit · 1956
- Rocco Salvatore Lupino v. United States of America. John Frank Azzone v. United StatesCourt of Appeals for the Eighth Circuit · 1959
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- United States v. Rocco Salvatore LupinoCourt of Appeals for the Eighth Circuit · 1973
- United States v. LewisDistrict Court, D. Rhode Island · 1996
- Lupino v. United StatesDistrict Court, D. Minnesota · 1960
- Williams v. United StatesDistrict Court, D. Minnesota · 1968
- Lupino v. TahashDistrict Court, D. Minnesota · 1966
1 more not listed; retrieve them via the Exa API.