United States v. Embarrato
Cases that cite this one
4 later published cases cite this decision.
- Prado v. United States (District Court, S.D. New York 1970)
- United States v. Marcello (United States District Court Eastern District of Louisiana 1962)
- United States of America Ex Rel. George H. Moore, Relator-Appellant v. Walter B. Martin, Warden, Attica Prison, and People of State of New York (2d Cir. 1959)
- United States v. Alfred Embarrato (2d Cir. 1958)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Petitioner, being sentenced in 1955 to the minimum mandatory term of five years as a second offender for violation of the narcotics laws, now seeks to vacate his first conviction had on September 9, 1935. On his petition under 28 U.S.C. § 1651(a) the court accorded him a full hearing of the issue as to his representation by counsel and eventually found that he had been duly represented at the time of his sentence on plea of guilt. There was sharply conflicting evidence, from the defendant himself, the lawyer in question, and a deputy court clerk, together with certain records — all as discussed in Judge Rayfiel’s opinion, D.C.E.D.N.Y., 151 F.Supp. 160. The judge accepted the testimony of the deputy clerk. We find nothing clearly erroneous in this judgment on the facts and accordingly affirm. United States v. Di Martini, 2 Cir., 219 F.2d 807; and see United States v. Di Martini, D.C.S.D.N.Y., 120 F. Supp. 907.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.