Michele Marchese v. United States of America, Jesse Del Bono v. United States

On February 10, 1965, this court referred to the legal maneuvers of apellants to avoid imprisonment ( 341 F.2d 782 ), after their conviction in 1958 by a jury (and the affirmance of their convictions in 1959 by this court) of selling two pounds of heroin. Their petitions for a writ of certiorari were denied by the Supreme Court. 360 U.S. 930 , 79 S. Ct. 1447 , 3 L.Ed.2d 1543 (1959) and 360 U.S. 938 , 79 S.Ct. 1463 , 3 L.Ed.2d 1550 (1959). This court described the matter as “extraordinary,” on their second appeal. The appellants’ freedom on bail as of this date is even more extraordinary; and a sad commentary on how delays can be achieved that destroy any faith in the certainty of punishment for crime.

Appellants were convicted and the conviction affirmed. 264 F.2d 892 (9th Cir. 1959). Motions under § 2255 were denied in 1960, and reconsideration of those motions was denied in 1961. Writs of habeas corpus were denied, and the denial affirmed by this court. 304 F.2d 154 (9th Cir. 1962). Certiorari was granted by the Supreme Court and the matter was returned “for reconsideration in light of Sanders v. United States, 373 U.S. 1 , 83 S.Ct. 1068 [ 10 L.Ed.2d 148 ].” 374 U.S. 101 , 83…