Legal Opinion
Azzone v. United States
District Court, D. Minnesota
Decided January 16, 1961No. Nos. 4-61-Civil 4-58-Crim. 124PublishedCited by 2 opinions
1Opinion of the Court
DEVITT, Chief Judge.
John Frank Azzone (hereinafter re--ferred to as the defendant) has submitted to this Court a Motion under Title-28 U.S.C. § 2255, for an order vacating-a sentence imposed upon him on Novem— *377ber 24, 1958. He has also sought leave to proceed in forma pauperis pursuant to Title 28 U.S.C. § 1915.
The basis for the motion to vacate sentence is that the statute under which conviction was had, Title 18 U.S.C. § 1073, is unconstitutional. The single ground for unconstitutionality alleged in the motion to vacate sentence is that Section 1073 is so uncertain and indefinite in its…
2Cases cited8 opinions
- Darr v. BurfordSupreme Court of the United States · 1950
- United States v. Domenico Bando, A/K/A 'Nick Bando,' Leo Telvi and Gondolfo Miranti, A/K/A 'Shiekie,'Court of Appeals for the Second Circuit · 1957
- Rocco Salvatore Lupino v. United States of America. John Frank Azzone v. United StatesCourt of Appeals for the Eighth Circuit · 1959
- United States v. MillerDistrict Court, W.D. Kentucky · 1936
- Story v. United StatesCourt of Appeals for the Eighth Circuit · 1950
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3Cited by2 opinions
- John Frank Azzone v. United StatesCourt of Appeals for the Eighth Circuit · 1965
- Azzone v. United StatesDistrict Court, D. Minnesota · 1963