(Download) "Accardi v. United States" by United States Court of Appeals for the Second Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: Accardi v. United States
- Author : United States Court of Appeals for the Second Circuit
- Release Date : January 20, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Appellant was indicted in 1955 on five counts of violating and conspiring to violate federal laws relating to narcotics. After pleading not guilty to all counts and posting a bail bond in the amount of $75,000, appellant failed to appear as required before the District Court and bail was forfeited. Appellant was thereafter located in his native Italy and returned to this country by Presidential Warrant in 1963. Appellant was tried in 1964 on four of the original five counts, found guilty on all four counts and was sentenced to five years on each of three of the four counts, the sentences to run consecutively, and received a suspended sentence on the fourth count. In addition, he was fined a total of $16,000. Appellant's conviction was affirmed by this Court. 2 Cir., 342 F.2d 697; cert. denied, 382 U.S. 954, 86 S. Ct. 426, 15 L. Ed. 2d 359 (1965). In September 1966, appellant filed the instant motion under 28 U.S.C. Γ§ 2255 to have his judgment of conviction and sentence set aside on two grounds: (1) that he was unable to understand the charges against him and to assist his counsel in the preparation of a defense as a result of his ignorance of the English language, and (2) that he was incompetent to stand trial as a result of treatments he was receiving during the course of the trial. Judge Cannella, who had also presided over appellant's original trial, denied the motion without a hearing and this appeal followed.