Michele Marchese v. United States of America

BARNES, Circuit Judge:

Appellant was convicted on June 16, 1958 of selling two pounds of heroin — approximately equaling in size a loaf of bread. He was sentenced to ten years imprisonment.

To understand this appeal requires familiarity with the following opinions of this court and orders of the United States Supreme Court: Marchese v. United States, 264 F.2d 892, cert. denied, 360 U.S. 930, 79 S.Ct. 1447, 3 L. Ed.2d 1543 (1959); Marchese v. United States, 304 F.2d 154 (1962), cert. granted and vacated, 374 U.S. 101 83 S.Ct. 1686, 10 L.Ed.2d 1026 (1963); Marchese v. United States, 341 F.2d 782,…