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UNITED STATES v. VALENTINO

February 11, 1960

UNITED STATES of America, Plaintiff,
v.
John VALENTINO, Petitioner



The opinion of the court was delivered by: BYERS

There is not before the court a paper entitled,

'Writ of Error Coram Nobis Title 28 -- 2255.'

 The first page is addressed to the undersigned and states that the defendant above-named as petitioner will move 'for a hearing to inquire concerning legality of a conviction had before this Honorable Court, as of June 12, 1932 for the crime of passing and possession of counterfiet (sic) monies.

 'Proceeding in the nature of writ of error coram nobis to vacate the judgment of the aforementioned conviction, which, with subsequent convictions in the State Courts, formed the basis for petitioners life sentence as a fourth felony offender.'

 Upon receipt of this petition, the matter was referred to the United States Attorney for investigation, the result of which appears in an affidavit of the Assistant in charge, verified January 18, 1960. It therein appears that the Government's file in this case has been destroyed and that an examination of the records of the United States Penitentiary at Atlanta, Georgia, reveals all that can be brought to light of a formal nature in this connection.

 The Clerk's docket contains the following information:

 5/3/32 -- Indictment filed

 5/4/32 -- Arraigned before Galston, J. Pleaded NG, bail $ 20,000. Ordered to return 5/6

 5/6/32 -- Defendant present -- adj. to 5/12/32

 5/12/32 -- Defendant absent (in hospital) -- adj. to 6/1/32

 6/1/32 -- Defendant present before Byers, J. Adj. to 6/3/32 at defendant's request

 6/3/32 -- Defendant present before Byers, J. -- adj. to 6/8/32

 6/8/32 -- Defendant present before Byers, J. -- adj. to 6/9/32

 6/9/32 -- Plea of NG withdrawn and pleads guilty before Byers, J. -- Sentenced to 18 mos. imp. and 2000. fine with ...


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