Washington Law Review


Allocco, who had been convicted of a narcotics violation by a jury, petitioned a United States District Court to grant his motion for release under 28 U.S.C. § 2255, alleging that his conviction should be set aside because the judge who sat at his trial was not properly appointed to his office so as to be able to exercise the judicial power conferred by U.S. Const. art. III. The district court denied his motion and the court of appeals affirmed. This was the first federal decision in recent times to deal directly with the recess appointment power and the first ever to approve the long-established practice of making recess appointments to the federal bench without regard to when the vacancy first occurred.

First Page