UNITED STATES OF AMERICA, APPELLEE,
v.
CHARLES CATALANO, APPELLANT
UNITED STATES OF AMERICA, APPELLEE,
CHARLES CATALANO, APPELLANT
281 F.2d 184
United States Court of Appeals for the Second Circuit (1960)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
Defendant complains because the district judge failed to accord him a hearing on his claims of improper attendance of the prosecutor in the jury room during their deliberations. But he relies only on hearsay statements attributed to a deputy marshal whom he cannot now name or identify. And the claimed extraordinary malfeasance is specifically and convincingly answered by the affidavit of the public official accused. We think this presents only “incredible hearsay statements” not requiring to be dignified by a hearing, Johnson v. United States, 6 Cir., 239 F. 2d 698, 699, certiorari denied 354 U.S. 940, 77 S.Ct. 1404, 1 L.Ed.2d 1539; and we are content to affirm on the reasoned opinion of Chief Judge Bruchhausen.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
United States v. Thomas, 291 F.2d 478 (6th Cir. 1961)
-
Barthelmio Dalli v. United States, 491 F.2d 758 (2d Cir. 1974)
-
Catalano v. United States, 311 F.2d 186 (2d Cir. 1962)
Authorities Cited
- Scott v. Segarra-Serra, 354 U.S. 940 (U.S. 1957)
- Alexander v. United States, 354 U.S. 940 (U.S. 1957)
- Johnson v. United States, 239 F.2d 698 (6th Cir. 1956)