Carlos Marcello v. United States

HUTCHESON, Circuit Judge.

This is an appeal from a denial of a petition in the nature of a writ of error coram nobis. The appellant, Carlos Mar-cello, seeks to vacate an October 29, 1938 conviction of the Marihuana Tax Act of 1937, on the grounds that on the day of conviction he was not represented by counsel and he did not waive his right thereto.

The district judge denied the petition, writing two opinions in connection with its denial. The first, dated March 9, 1962, is reported as United States v. Carlos Marcello, D.C., at 202 F.Supp. 694, et seq., the second, from which this appeal comes,…