# United States v. Andimo Pappadio

> Court of Appeals for the Second Circuit · May 24, 1965 · 346 F.2d 5

URL: https://www.frixlaw.com/law-library/cases/9450756

## Case

- **Full name:** UNITED STATES of America, Appellee, v. Andimo PAPPADIO, Defendant-Appellant
- **Court:** Court of Appeals for the Second Circuit
- **Decided:** May 24, 1965
- **Citations:** 346 F.2d 5; 1965 U.S. App. LEXIS 5469
- **Precedential status:** Published
- **Opinion:** Concurring in part by Medina
- **Judges:** Medina, Lumbard, Marshall
- **Cited by:** 24 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Vacated on other grounds by Shillitani v. United States, 384 U.S. 364 (1966).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9450756

## Opinion text

MEDINA, Circuit Judge
(concurring and in part dissenting).
I agree with my brothers of the majority on all points except the sentence to a period of two years imprisonment. This, in my opinion, is too much. We have held that this Court has power to reduce the period of imprisonment meted out for a contempt of court, see United States v. Levine, 2 Cir. 1961, 288 F.2d 272 , applying the unambiguous mandate of Brown v. United States, 1959, 359 U.S. 41, 52 , 79 S.Ct. 539 , 3 L.Ed.2d 609 , and I would reduce appellant’s sentence to one year instead of two. I realize that this Court has upheld sentences of two years in similar cases, but I wish to register my dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9450756. Public record. Not legal advice.