Ferranto v. U.S., 47
| Decision Date | 31 October 1974 |
| Docket Number | D,No. 47,47 |
| Parties | John Charles FERRANTO, Appellant, v. UNITED STATES of America, Appellee. ocket 74-1366. |
| Court | U.S. Court of Appeals — Second Circuit |
John C. Ferranto, pro se.
David G. Trager, U.S. Atty., for the Eastern District of New York, Raymond J. Dearie, Steven Kimelman, Asst. U.S. Attys., of counsel, for appellee.
Before MOORE, MULLIGAN and ADAMS, * Circuit Judges.
This is an appeal from an order of the United States District Court for the Eastern District of New York, Jacob Mishler, Chief Judge, denying petitioner's motion to vacate his sentence for bank robbery pursuant to 28 U.S.C. 2255. Chief Judge Mishler dismissed the petition without a hearing on the ground that the instant petition presented the same claims that had been raised by petitioner in a previous 2255 motion. In both motions, petitioner alleged that the presentence report relied upon by Judge Mishler in sentencing him contained inaccuracies and misstatements with respect to his prior record of criminal activity. In denying petitioner's first motion without a hearing on August 9, 1973, Judge Mishler assumed that petitioner was correct in alleging inaccuracies with respect to three arrests recited in the presentence report, but nonetheless held the petition to be insufficient because the court, in sentencing petitioner, 'did not rely to slightest degree on the charges referred to in the petition.' The court listed three other charges contained in the presentence report as 'factors in determining the length of sentence imposed.' One of the three charges upon which the court did rely was an arrest on October 26, 1957 for breaking and entering.
Petitioner's present motion, like many motions of this kind prepared by persons similarly situated, is not as clear as a mountain lake in springtime. Most of the allegations, as the court below recognized, are a mere repetition of the charges raised in the first motion. Petitioner again seeks relief because of the alleged errors in the presentence report with respect to the three arrests upon which Judge Mishler expressly stated he had not relied in sentencing petitioner. However, in addition to this, petitioner does refer to the arrest for breaking and entering on which the court had relied and alleges that he pled guilty to this charge without the benefit of counsel. He claims that, under United States v. Tucker, 404 U.S. 443, 92 S.Ct. 589, 30 L.Ed.2d 592 (1972), the sentence imposed upon him on the bank robbery charge now in issue was illegally enhanced by the sentencing...
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Farrow v. U.S.
...Wedding, 418 U.S. 461, 473 n. 19, 94 S.Ct. 2842, 41 L.Ed.2d 879 (1974). In the Second Circuit, following Wilsey, see Ferranto v. United States, 507 F.2d 408, 409 (1974). In the Third Circuit, following Radowitz, see United States ex rel. Fletcher v. Walters, 526 F.2d 359, 361 (1975). In the......
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Nova v. State, 82-1766
...is clear that the motion under review presents a different ground for relief than that previously ruled upon. Compare Ferranto v. United States, 507 F.2d 408 (2d Cir.1974) (ground that presentence investigation report was inaccurate as to the defendant's prior record different from ground t......
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United States v. Rubinson, 74 Cr. 573.
...Motley6 for treatment of Stein's due process claims. See United States v. Hermann, 524 F.2d 1103 (2d Cir. 1975); Ferranto v. United States, 507 F.2d 408 (2d Cir. 1974); Wilsey v. United States, 496 F.2d 619 (2d Cir. CONCLUSION The order below should be affirmed, or, in the alternative, the ......
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U.S. v. Hermann, 1136
...that they had no effect, coupled with the similarity in the sentences of the two accomplices, ends the matter. Ferranto v. United States, 507 F.2d 408 (2d Cir. 1974); Wilsey v. United States, 496 F.2d 619 (2d Cir. Appellant also complains of certain alleged inaccuracies in his pre-sentence ......