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United States v. Serao

United States Court of Appeals, Second Circuit
May 20, 1968
394 F.2d 989 (2d Cir. 1968)

Opinion

No. 535, Docket 30548.

May 20, 1968.

Before LUMBARD, Chief Judge, and WATERMAN and ANDERSON, Circuit Judges.


ON REMAND FROM THE UNITED STATES SUPREME COURT.


After we affirmed the convictions of Serao, Cafaro and Genetempo, 367 F.2d 347 (2 Cir. 1966), the several appellants petitioned the Supreme Court of the United States for the issuance of a writ of certiorari to review those affirmances. The writ having been granted, the judgments of conviction in the district court and the judgment of this court affirming the convictions were vacated and the cases were remanded to us, sub nom. Piccioli v. United States, 390 U.S. 202, 88 S.Ct. 899, 19 L.Ed.2d 1034 (1968) for further consideration in the light of Marchetti v. United States, 390 U.S. 39, 88 S.Ct. 697, 19 L.Ed.2d 889 (1968).

After taking further consideration we now on the authority of Marchetti remand the cases to the district court and direct that the indictments be dismissed.


Summaries of

United States v. Serao

United States Court of Appeals, Second Circuit
May 20, 1968
394 F.2d 989 (2d Cir. 1968)
Case details for

United States v. Serao

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. Joseph SERAO, Charles…

Court:United States Court of Appeals, Second Circuit

Date published: May 20, 1968

Citations

394 F.2d 989 (2d Cir. 1968)