FOSTER v. UNITED STATES

No. 13044.

184 F.2d 571 (1950)

FOSTER v. UNITED STATES.

United States Court of Appeals Fifth Circuit.

October 16, 1950.


Attorney(s) appearing for the Case

James Joseph Foster, in propria persona.

Henry H. Durrence, Asst. U. S. Atty., Savannah, Ga., for appellee.

Before HUTCHESON, Chief Judge, and HOLMES and RUSSELL, Circuit Judges.


PER CURIAM.

Tried upon his plea of not guilty and convicted and sentenced to a term of imprisonment for five years, the defendant appealed from the judgment and sentence. Later, abandoning the appeal, he filed a petition under Sec. 2255, Title 28 U.S.C.A. to vacate and set aside the judgment and sentence. His ground for doing so was that there was a violation and infringement of his constitutional right rendering the judgment vulnerable to collateral attack in this...

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