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NELMS v. UNITED STATES

No. 8805.

318 F.2d 150 (1963)

Herman Edward NELMS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fourth Circuit.

Decided May 10, 1963.

Attorney(s) appearing for the Case

Edmund D. Campbell, Arlington, Va. (Court-assigned counsel), for appellant; Herman Edward Nelms, pro se, on brief.

James C. Roberson, Asst. U. S. Atty., for appellee.

Before SOBELOFF, Chief Judge, HAYNSWORTH, Circuit Judge, and CRAVEN, District Judge.

PER CURIAM.

By the filing of a motion under 28 U. S.C.A. § 2255, which "seems now to have become an almost automatic and continuous prisoner practice, especially as to sentences of more than five years,"1 the prisoner in this case invoked the jurisdiction of the district court to collaterally attack his sentence. From the denial of his motion he has appealed.

Prisoner Nelms is serving two consecutive five year terms imposed...

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