United States v. Joseph Castelli, A/K/A Giuseppe Gagliano

In 1927 appellant was convicted, on a plea of guilty before Judge Knox in the Southern District of New York, of unlawful sale of heroin. He received a one year sentence. In 1955, the 1927 conviction became the basis for appellant’s deportation; he then reentered illegally. Now facing a new deportation proceeding, he made an application in the nature of coram nobis to vacate the 1927 conviction, United States v. Morgan, 346 U.S. 502, 74 S.Ct. 247, 98 L.Ed. 248 (1954), primarily on the ground that, although innocent, he neither had nor was offered the assistance of counsel. 1 Walker v.…