The United States of America v. Gilbert Green, the United States of America v. Henry Winston

HAND, Circuit Judge.

The appellants, Green and Winston, appeal from sentences of three years imprisonment under the following circumstances. Each was one of a number of defendants convicted of a violation of § 2385 of Title 18 U.S.C., commonly known as the “Smith Act,” after a long-trial which ended on October 14, 1949; we affirmed the judgment on August 1, 1950, United States v. Dennis, 2 Cir., 183 F.2d 201, and the Supreme Court did the same on June 4, 1951, 341 U.S. 494, 71 S.Ct. 857, 95 L.Ed. 1137. On the mandate of the Supreme Court’s affirmance an order issued out of the District Court,…