Michele Marchese v. United States of America

Appellant was convicted on June 16, 1958 of selling two pounds of heroin — approximately equaling in size a loaf of bread. He was sentenced to ten years imprisonment.

To understand this appeal requires familiarity with the following opinions of this court and orders of the United States Supreme Court: Marchese v. United States, 264 F.2d 892 , cert. denied, 360 U.S. 930 , 79 S.Ct. 1447 , 3 L. Ed.2d 1543 (1959); Marchese v. United States, 304 F.2d 154 (1962), cert. granted and vacated, 374 U.S. 101 83 S.Ct. 1686 , 10 L.Ed.2d 1026 (1963); Marchese v. United States, 341 F.2d 782 , cert. denied, 382 U.S. 817 , 86 S.Ct. 41 , 15 L. Ed.2d 64 (1965); Marchese v. United States, 378 F.2d 16 , cert. denied, 389 U. S. 930 , 88 S.Ct. 294 , 19 L.Ed.2d 283 , rehearing denied, 389 U.S. 1025 , 88 S.Ct. 585 , 19 L.Ed.2d 674 (1967).

In 1965, when appellant’s case was in this court for the second time, we referred to appellant’s legal maneuvers as “extraordinary.” We referred again to the extraordinary nature of the proceedings after appeal in 1967. Nothing has caused us to change our expressed opinion.

. During the almost nine years between June 16, 1958 and May 25, 1967, appellant had spent…