Frances La Porta v. United States

JOHN R. BROWN, Circuit Judge.

The case presently before us arises out of the same facts that gave rise to Giordenello v. United States, 1958, 357 U.S. 480, 78 S.Ct. 1245, 2 L.Ed.2d 1503, reversing, 5 Cir., 1957, 241 F.2d 575, and Indiviglio v. United States, 1958, 357 U.S. 574, 78 S.Ct. 1381, 2 L.Ed.2d 1547, reversing, 5 Cir., 1957, 249 F.2d 549. Appellant, mother of Veto Giordenello, convicted in the same narcotics conspiracy, did not appeal.

But the issue before us is different from that in the cases above. It is the propriety of the District Court’s denial of a belated motion for new trial.

Ap…