Legal Opinion

Panico v. United States

District Court, S.D. New York

Decided September 19, 1968No. 68 Civ. 1542PublishedCited by 5 opinions

1Opinion of the Court

OPINION

MacMAHON, District Judge.

Petitioners were two of thirteen defendants convicted by a jury after a ten-week trial of a conspiracy to import and •distribute vast quantities of heroin in violation of the federal narcotics laws. ‘They move under 28 U.S.C. § 2255 to vacate and set aside the judgments of •conviction and the sentences imposed upon them on July 10, 1962. They also move to disqualify the trial court from considering their § 2255 application on the ground that the court “is [of necessity] a material witness.”1 We deny the motions because the claims asserted are irrelevant to the…

2Cases cited18 opinions

  1. United States v. William BentvenaCourt of Appeals for the Second Circuit · 1963
  2. Henry v. Delhi-Taylor Oil Corp.Supreme Court of the United States · 1967
  3. Anthony Mirra v. United StatesCourt of Appeals for the Second Circuit · 1967
  4. United States v. Alexander Henry SmithCourt of Appeals for the Fourth Circuit · 1964
  5. United States v. Paul M. HughesCourt of Appeals for the Second Circuit · 1964

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3Cited by5 opinions

  1. Billy Joe Tyler v. Harold R. Swenson, Warden, Missouri State PenitentiaryCourt of Appeals for the Eighth Circuit · 1970
  2. SBA Communications, Inc. v. Zoning Commission of FranklinDistrict Court, D. Connecticut · 2001
  3. Ormento v. United StatesDistrict Court, S.D. New York · 1971
  4. Aratari v. CardwellDistrict Court, S.D. Ohio · 1973
  5. United States v. VilellaDistrict Court, S.D. New York · 1999

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