Legal Opinion

Mirra v. United States

District Court, S.D. New York

Decided July 5, 1966No. 66 Civ. 83PublishedCited by 16 opinions

1Opinion of the Court

OPINION

MacMAHON, District Judge.

Petitioner was one of thirteen defendants convicted by a jury of conspiracy to violate the federal narcotics laws after a ten-week trial. He moves under 28 U.S.C. § 2255 to vacate and set aside the judgment of conviction and sentence imposed upon him on July 10, 1962. He also moves to disqualify the trial court from considering his § 2255 application on the grounds that the court “is of necessity a material witness” 1 and “has previously shown an intense personal bias and prejudice against petitioner.” 2 We deny the motions.

Petitioner bases his application for…

2Cases cited55 opinions

  1. Townsend v. SainSupreme Court of the United States · 1963
  2. Fay v. NoiaSupreme Court of the United States · 1963
  3. Sanders v. United StatesSupreme Court of the United States · 1963
  4. MacHibroda v. United StatesSupreme Court of the United States · 1962
  5. Henry v. MississippiSupreme Court of the United States · 1965

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3Cited by16 opinions

  1. State v. TylerSupreme Court of Missouri · 1969
  2. United States v. DevlinDistrict Court, D. Connecticut · 1968
  3. Cranston v. FreemanDistrict Court, N.D. New York · 1968
  4. Palmieri v. United StatesDistrict Court, S.D. New York · 1968
  5. United States Ex Rel. Schaedel v. FolletteDistrict Court, S.D. New York · 1967

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