Joseph Charles Russo v. The United States of America

By this Section 2255 motion to vacate sentence the Petitioner challenges the constitutional propriety of concurrent 10-year sentences for three separate convictions of altering securities, receiving and forging stolen money orders, and interstate transportation of forged securities. 1 Petitioner was convicted on all charges based upon his pleas of guilty. Sentence was deferred pending receipt of pre-sentence reports. Thereafter, Petitioner was sentenced on April 1, 1966, long prior to United States v. Tucker, 1972, 404 U.S. 443, 92 S.Ct. 589, 30 L.Ed.2d 592.

The Section 2255 motion filed in…