LARSON v. UNITED STATES

No. 17942.

275 F.2d 673 (1960)

Lewis Woodard LARSON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

February 29, 1960.


Attorney(s) appearing for the Case

Lewis W. Larson, in pro. per.

E. Ralph Ivey, Asst. U. S. Atty., Charles D. Read, Jr., U. S. Atty., Atlanta, Ga., for appellee.

Before TUTTLE, CAMERON and WISDOM, Circuit Judges.


WISDOM, Circuit Judge.

The question for decision is whether, in the circumstances of this case, a collateral attack on an unappealed judgment of conviction may be made under Section 2255, Title 28. The prisoner gives no reason for failing to appeal and it appears that his failure to appeal, his decision not to move for a change of venue, and his withdrawal of a motion for a new trial were all part of considered strategy not to jeopardize his life by running the risk...

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