[DOWNLOAD] "D'Ercole v. United States" by United States Court of Appeals for the Second Circuit " Book PDF Kindle ePub Free

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eBook details

• Title: D'Ercole v. United States
• Author : United States Court of Appeals for the Second Circuit
• Release Date : January 19, 1966
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

The appellant, Joseph D'Ercole, was convicted, under 21 U.S.C. §§ 173 and 174, of selling heroin illegally imported into the United States and was sentenced to twenty years imprisonment, which he is now serving. Upon a plenary appeal his conviction was affirmed by this court, sub nom. United States v. Cimino, 321 F.2d 509 (2 Cir., 1963), Judge Waterman dissenting, cert. denied 375 U.S. 974, 84 S. Ct. 491, 11 L. Ed. 2d 418 (1964). D'Ercole then commenced this present proceeding under 28 U.S.C. § 2255 to have the judgment of conviction vacated and set aside. The district judge denied the petition, without a hearing, and this appeal followed. Appellant alleges that he was deprived of the right to confront the witnesses against him because, even though the Government disclosed the name and address of its informer, one Saul Sapp, alias Saul Scott, Roviaro v. United States, 353 U.S. 53, 77 S. Ct. 623, 1 L. Ed. 2d 639 (1957), it did not produce him at the time of the trial. He cites Pointer v. State of Texas, 380 U.S. 400, 85 S. Ct. 1065, 13 L. Ed. 2d 923 (1965) and Douglas v. State of Alabama, 380 U.S. 415, 85 S. Ct. 1074, 13 L. Ed. 2d 934 (1965) in support of his claim but these cases are inapposite because they deal with the right of the defense to cross-examine government witnesses who have appeared and testified. Although there may be reasons to suspect that the Government might have located Scott (or Sapp) had it wanted him,1 there is no decision which requires the Government to produce its informer in court. See United States v. Cimino, supra; Williams v. United States, 273 F.2d 781, 795-796 (9th Cir. 1959), cert. denied 362 U.S. 951, 80 S. Ct. 862, 4 L. Ed. 2d 868 (1960).

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