Angelini v. United States, 70 C 278.

Decision Date16 October 1970
Docket NumberNo. 70 C 278.,70 C 278.
Citation322 F. Supp. 698
PartiesDonald J. ANGELINI, Plaintiff, v. UNITED STATES of America, Defendant.
CourtU.S. District Court — Northern District of Illinois

Anna R. Lavin and Edward J. Calihan, Jr., Chicago, Ill., for plaintiff.

Thomas A. Foran, U. S. Atty., for defendant.

MEMORANDUM OPINION

Defendant's Motion to Dismiss

MAROVITZ, District Judge.

Plaintiff has filed a Motion in the nature of a Motion for Writ of Error Coram Nobis seeking to set aside plaintiff's conviction and sentence in United States v. Angelini, 63 CR 506, on the ground that his constitutional privilege against self-incrimination, as set forth in Marchetti v. United States, 390 U.S. 39, 88 S.Ct. 697, 19 L.Ed.2d 889 (1968) and Grosso v. United States, 390 U.S. 62, 88 S.Ct. 709, 19 L.Ed.2d 906 (1968), were violated in the imposition of that conviction and sentence. Defendant has moved to dismiss asserting that the decisions on which plaintiff relies are not retroactive, that since the imposed penalties have been served the issue is moot, and that alleged resulting civil disabilities may have arisen whether or not plaintiff was convicted in the challenged criminal action.

We know of no reason, nor has the Government suggested any, why the cases of Marchetti and Grosso should not be applied retroactively. United States v. Lucia, 416 F.2d 920 (5th Cir. 1969), aff'd en banc, 423 F.2d 697 (1970). That the penalty imposed in the criminal action has been served does not render the present issue moot as a convicted defendant is entitled to have a fundamentally erroneous judgment vacated even though his sentence has been served. 28 U.S.C. § 1651(a); United States v. Morgan, 346 U.S. 502, 74 S.Ct. 247, 98 L.Ed. 248 (1954); see Holloway v. United States, 393 F.2d 731, 732 (9th Cir. 1968); United States v. Forlano, 319 F.2d 617, 619 (2d Cir. 1963).

The third aspect of defendant's motion to dismiss relates to plaintiff's contention that because of his criminal conviction he has suffered certain civil disabilities such as having revoked his state license to conduct insurance business. Whether such a revocation would be possible regardless of the challenged conviction is beside the essential point that plaintiff is entitled to have an improper judgment vacated. Now, the Government contends that the mere existence of a Marchetti-Grosso defense would not alter the "proven facts" in the criminal action, implying that the Illinois Director of Insurance could still rely on those "proven facts" to deny plaintiff his license to conduct insurance...

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4 cases
  • United States v. Summa
    • United States
    • U.S. District Court — District of Connecticut
    • 26 Diciembre 1972
    ...judgments of conviction should be and hereby are vacated. United States v. Lewis, 342 F.Supp. 833 (E. D.La.1972); Angelini v. United States, 322 F.Supp. 698 (N.D.Ill.1970). The government suggests the possibility that these petitioners, not having raised the issue at trial, waived their fif......
  • Perez v. Edgar
    • United States
    • United States Appellate Court of Illinois
    • 19 Mayo 1982
    ...the government in violation of that right. Ordinarily the rule applies only to criminal trials. Relying on dicta in Angelini v. United States (N.D.Ill.1970), 322 F.Supp. 698, plaintiffs argue that Illinois has extended the right to license revocations. We need not decide that issue, however......
  • U.S.A v. Hill
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • 25 Agosto 2010
    ...1177, 1179-80 (D. Conn. 1972) (same); United States v. Houssein, 326 F. Supp. 1194, 1199 (D. Md. 1971) (same); Angelini v. United States, 322 F. Supp. 698, 699 (N.D. Ill. 1970) (same). 2. See United States v. Marcello, 876 F.2d 1147, 1154 (5th Cir. 1989) (conduct subsequently held not to be......
  • Teets v. State of West Virginia, Civ. A. No. C-70-114-E.
    • United States
    • U.S. District Court — Northern District of West Virginia
    • 11 Febrero 1971
    ... ... Civ. A. No. C-70-114-E ... United" States District Court, N. D. West Virginia ... February 11, 1971.    \xC2" ... ...

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