United States v. Russo

ALDRICH, District Judge.

In May, 1956, the grand jury returned a one-count indictment charging the defendants 1 with conspiracy to violate 18 U.S.C. § 2385, the Smith Act. Before the case was reached it became, apparent that in view of the scope of the pending certiorari proceedings in Yates v. United States, 9 Cir., 225 F.2d 146, postponement would be advisable. The indictments in both cases are identical. Arguments on motions were likewise postponed. Various motions, more particularly described infra, have now been argued in the light of the Supreme Court’s opinion, Yates v. United States,…