Legal Opinion

Vincent Pacelli, Jr. v. United States

Court of Appeals for the Second Circuit

Decided December 28, 1978No. 96, Docket 78-2064PublishedCited by 35 opinions

1Opinion of the Court

J. JOSEPH SMITH, Circuit Judge:

This is an appeal from a denial of a motion to vacate sentence in the Southern District of New York, Milton Pollack, Judge. Petitioner is currently serving a sentence 1 for violations of federal narcotics laws. The motion to vacate the sentence and convictions was filed pursuant to 28 U.S.C. § 2255. 2 For reasons somewhat different from those of the district court, we affirm.

In December, 1973 petitioner Pacelli was tried before Judge Pollack and a jury on seven counts of violating federal narcotics laws, 21 U.S.C. §§ 812, 841 and 846, along with four…

2Cases cited32 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Johnson v. ZerbstSupreme Court of the United States · 1938
  3. Wainwright v. SykesSupreme Court of the United States · 1977
  4. Stone v. PowellSupreme Court of the United States · 1976
  5. Fay v. NoiaSupreme Court of the United States · 1963

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3Cited by35 opinions

  1. United States v. Efraim Natanel A/K/A Efriam NatanelCourt of Appeals for the First Circuit · 1991
  2. United States v. Jesus Losada and Rosalinda LosadaCourt of Appeals for the Second Circuit · 1982
  3. Charles N. Norris v. United StatesCourt of Appeals for the Seventh Circuit · 1982
  4. United States v. Franjo Ivic, Nedjelko Sovulj, Ivan Cale and Stipe Ivkosic, DefendantsCourt of Appeals for the Second Circuit · 1983
  5. United States v. Billy G. ByersCourt of Appeals for the D.C. Circuit · 1984

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