en.wikipedia.org/wiki/Carlo_Gambino
2 corrections found
the U.S. Supreme Court upheld a 1967 order, that he previously appealed, that he be deported because he had entered the country illegally.
The Supreme Court did not uphold Gambino’s deportation order on the merits. The order was upheld by the Second Circuit, and the Supreme Court later denied certiorari.
Full reasoning
The merits ruling in Gambino’s deportation case was issued by the U.S. Court of Appeals for the Second Circuit, not the Supreme Court. In Gambino v. Immigration and Naturalization Service, the Second Circuit said it would "deny the petition for review and affirm the order of dismissal."
The Supreme Court’s own order list for June 22, 1970 shows what happened next: "Gambino v. Immigration and Naturalization Service ... Certiorari denied. Reported below: 419 F.2d 1355." A denial of certiorari leaves the lower-court ruling in place; it is not a Supreme Court decision upholding the order on the merits.
So the article overstates the Supreme Court's role. The accurate description is that the Second Circuit upheld the deportation order, and the Supreme Court declined to review that ruling.
2 sources
- Carlo Gambino, Petitioner-appellant, v. Immigration and Naturalization Service, Respondent-appellee, 419 F.2d 1355 (2d Cir. 1970)
Court of Appeals for the Second Circuit ... Petitioner seeks review ... We find no error, deny the petition for review and affirm the order of dismissal.
- Orders from June 22 through June 29, 1970, 399 U.S.
No. 1317. Gambino v. Immigration and Naturalization Service. C. A. 2d Cir. Certiorari denied. Reported below: 419 F. 2d 1355.
Tax evasion (1937)
1937 was the year of the charge/indictment, not the conviction year. Official and legal sources place the conviction/sentencing later, not in 1937.
Full reasoning
The year 1937 does not match the conviction record.
An FBI Vault summary of Gambino’s Lewisburg penitentiary file says he was sentenced on May 19, 1939 in the Eastern District of Pennsylvania for conspiracy to violate Internal Revenue liquor laws. The same record adds that the judgment was later reversed on January 21, 1941 and a new trial ordered.
Separately, the Second Circuit’s 1970 opinion in Gambino v. INS states that Gambino "was convicted in 1941" for conspiracy to violate the Internal Revenue laws.
These sources differ on the exact later procedural year to emphasize (1939 sentencing versus 1941 conviction status after appeal), but they agree on the key point: 1937 was not the year of conviction. It refers to the earlier tax case/charge, not the conviction entry shown in the infobox.
2 sources
- Carlo Gambino Part 4 of 14 — FBI Vault
GAMINO was sentenced to serve 22 months on May 19, 1939, in the Eastern District of Pennsylvania ... By letter dated January 21, 1941 ... Judgment was reversed and a new trial ordered.
- Carlo Gambino, Petitioner-appellant, v. Immigration and Naturalization Service, Respondent-appellee, 419 F.2d 1355 (2d Cir. 1970)
Gambino was convicted in 1941 for conspiracy to violate the Internal Revenue laws; since his offense included an intent to defraud the United States of taxes due, it involved moral turpitude within the meaning of the Immigration laws.