Cesare v. United States, 11

Decision Date01 October 1967
Docket NumberNo. 11,11
Citation88 S.Ct. 900,390 U.S. 200,19 L.Ed.2d 1036
PartiesJoseph DeCESARE et al. v. UNITED STATES. *
CourtU.S. Supreme Court

On Petition for Writ of Certiorari to the United States Court of Appeals for the Fifth Circuit.

Allen David Stolar, for petitioners Joseph De Cesare and others.

Newton B. Schwartz, for petitioner Robert J. Butler.

Ollie Lancaster, Jr., for petitioners James Milford Brazzell and others.

Francis L. Giordano, for petitioner Sam Rosenzweig.

Patrick T. McGahn, Jr., for petitioner Cassimirr Augello.

Robert J. O'Hanlon and Richard L. Daly, for petitioner Ben Gennaro.

B. Clarence Mayfield, for petitioner Inez Tyler Bellinger Mutcherson.

Solicitor General Marshall, for the United States in No. 11.

Solicitor General Marshall, Assistant Attorney General Vinson, Beatrice Rosenberg and Mervyn Hamburg, for the United States in No. 17.

Solicitor General Marshall, Assistant Attorney General Vinson, Beatrice Rosenberg and Robert G. Maysack, for the United States in Nos. 19 and 30.

Solicitor General Marshall, Assistant Attorney General Vinson, Beatrice Rosenberg and Sidney M. Glazer, for the United States in No. 24.

Solicitor General Marshall, Assistant Attorney General Vinson, Beatrice Rosenberg and Kirby W. Patterson, for the United States in No. 45.

Acting Solicitor General Spritzer, Assistant Attorney General Vinson and Beatrice Rosenberg, for the United States in No. 567.

PER CURIAM.

The petitions for writs of certiorari are granted, the judgments of the courts below are vacated, and the cases are remanded for further consideration in the light of Marchetti v. United States, 390 U.S. 39, 88 S.Ct. 697, 716, 19 L.Ed.2d 889. See also 28 U.S.C. § 2106 and Grosso v. United States, 390 U.S. 62, 88 S.Ct. 709, 19 L.Ed.2d 906.

Mr. Justice MARSHALL took no part in the consideration or decision of Nos. 11, 17, 19, 24, 30, and 45.

* Together with No. 17, Butler v. United States; No. 19, Brazzell et al. v. United States; No. 24, Rosenzweig v. United States; No. 30, Augello v. United States; No. 45, Gennaro v. United States; and No. 567, Mutcherson v. United States, all on petitions for certiorari. Nos. 17, 19, and 567 are to the Court of Appeals for the Fifth Circuit, No. 24 to the Second Circuit, No. 30 to the Third Circuit, and No. 45 to the Eighth Circuit.

To continue reading

Request your trial
18 cases
  • United States v. Teti, Crim. No. 75-669.
    • United States
    • U.S. District Court — Eastern District of Pennsylvania
    • August 25, 1976
    ...front screen door.7 Relying on United States v. Augello, 368 F.2d 692, 694 (3d Cir. 1966), vacated on other grounds, 390 U.S. 200, 88 S.Ct. 900, 19 L.Ed.2d 1036 (1968), which held that "refusal is present where it can reasonably be inferred from the actions or inaction of the occupants of t......
  • United States v. Noreikis
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • June 14, 1973
    ...of the premises to be searched." United States v. Augello, 368 F.2d 692, 694 (3d Cir. 1966), vacated on other grounds, 390 U.S. 200, 88 S.Ct. 900, 19 L.Ed.2d 1036 (1968). In Augello, the federal officer knocked on the front door and announced his purpose, at which point the defendant's sist......
  • Meredith v. Erath
    • United States
    • U.S. District Court — Central District of California
    • September 19, 2001
    ...when sister ran away from door calling name of subject of warrant), vacated on other grounds sub nom. DeCesare v. United States, 390 U.S. 200, 88 S.Ct. 900, 19 L.Ed.2d 1036 (1968). An unjustified, yet sincere, belief in exigent circumstances does not justify non-compliance with § 3109. Mend......
  • United States v. Lucia
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • September 17, 1969
    ...Cir. 1966, 361 F.2d 220; vacated and remanded for further consideration in light of Marchetti and Grosso, De Cesare v. United States, 1968, 390 U.S. 200, 88 S.Ct. 900, 19 L.Ed.2d 1036. Although these cases were all direct appeals from judgments which had not become final, the rationale on w......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT