Law Offices of
Susan G. Kellman
mercy bears richer
fruits than strict justice
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Abraham Lincoln
United States v. Persico
UNITED STATES of America, Appellee,
v.
Carmine PERSICO, Andrew Russo, and Hugh McIntosh,
Defendants-Appellants.
Before NEWMAN and WINTER, Circuit Judges, and HOLDEN, District Judge. | By JON O. NEWMAN, Circuit Judge | Decided Sept. 17, 1985 | United States Court of Appeals,
Second Circuit.
This is an interlocutory appeal from an order of the District Court for the Southern District of New York (John F. Keenan, Judge) denying a motion to dismiss pending criminal charges on the grounds that prosecution is barred by the Double Jeopardy Clause, prior plea agreements in the Eastern District of New York, and Rule 11 of the Federal Rules of Criminal Procedure. For substantially the reasons set forth in Judge Keenan's comprehensive opinion, 620 F.Supp. 836, we affirm...more
UNITED STATES of America, Appellee,
v.
Andrew T. RUSSO and Hugh McIntosh, Appellants.
Before FEINBERG, Chief Judge, LUMBARD, and OAKES, Circuit Judges. | OAKES, Circuit Judge | Decided Sept. 22, 1986 | United States Court of Appeals,
Second Circuit
Andrew T. Russo and Hugh McIntosh appeal from a judgment of the United States District Court for the Eastern District of New York, Eugene H. Nickerson, Judge, denying their motions under 28 U.S.C. Sec. 2255 (1982) to vacate their criminal convictions. Appellants' principal contention here is that they should be allowed to withdraw the guilty pleas that support those convictions because the pleas were made in reliance on promises of the office of the United States Attorney for the Eastern District of New York that were unfulfilled or unfulfillable. Because we find that the plea agreements were not violated and because we reject appellants' other arguments, we affirm...more