Court of Appeals for the Second Circuit November 1, 1968, 32509_1 (Anthony Mirra v. United States)

LUMBARD, Chief Judge:

On June 26, 1962, appellant Anthony Mirra was sentenced, without a jury trial, to a term of one year for criminal contempt by Judge MacMahon of the Southern District of New York. In 1966, after Mirra had exhausted all of his appellate remedies, the Supreme Court decided in Cheff v. Schnackenberg, 384 U.S. 373, 86 S.Ct. 1523, 16 L.Ed.