United States v. Marchese

BARNES, Circuit Judge.

I — The History.

The history of this extraordinary combined matter is this:(1) On June 16, 1958, appellees were each convicted following a jury trial for violation of 18 U.S.C. § 371 and 21 U.S.C. § 174 — sale of more than two pounds of heroin.(2) The judgments of conviction were affirmed by this court per curiam on April 15, 1959, 264 F.2d 892.(3) Petitions for certiorari were denied by the United States Supreme Court —Marchese v. United States, 360 U.S. 930, 79 S.Ct. 1447, 3 L.Ed.2d 543 (1959); Del Bono v. United States, 360 U.S. 938, 79 S.Ct. 1463, 3 L.Ed.2d 1550…