Emeary Moreland, Jr. v. United States

Tenth Circuit

Emeary Moreland, Jr. v. United States

347 F.2d 376, 1965 U.S. App. LEXIS 5168

CourtCourt of Appeals for the Tenth Circuit

DecidedJune 22, 1965

Docket8003

StatusPublished

Cited by14 cases

This text of 347 F.2d 376 (Emeary Moreland, Jr. v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Emeary Moreland, Jr. v. United States, 347 F.2d 376, 1965 U.S. App. LEXIS 5168 (10th Cir. 1965).

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Opinion

*377 PER CURIAM.

The appellant Moreland was convicted in the United States District Court for the District of Colorado of the crime of armed robbery, in violation of 18 U. S.C. § 2114. His conviction was affirmed. Moreland v. United States, 10 Cir., 270 F.2d 887. This proceeding under 28 U.S.C. § 2255 attacks the judgment and sentence on the ground that Moreland’s arrest by state officers without a warrant was in violation of his constitutional rights. We find no error in the trial court’s dismissal of the petition without a hearing.

An illegal arrest without more does not void a conviction and is not grounds for collateral attack under Section 2255. Tanner v. United States, 10 Cir., 296 F.2d 218; Roddy v. United States, 10 Cir. 296 F.2d 9; Klink v. Looney, 10 Cir., 262 F.2d 119; Whitney V. Zerbst, 10 Cir., 62 F.2d 970.

Affirmed.

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*377 PER CURIAM.

The appellant Moreland was convicted in the United States District Court for the District of Colorado of the crime of armed robbery, in violation of 18 U. S.C. § 2114. His conviction was affirmed. Moreland v. United States, 10 Cir., 270 F.2d 887. This proceeding under 28 U.S.C. § 2255 attacks the judgment and sentence on the ground that Moreland’s arrest by state officers without a warrant was in violation of his constitutional rights. We find no error in the trial court’s dismissal of the petition without a hearing.

An illegal arrest without more does not void a conviction and is not grounds for collateral attack under Section 2255. Tanner v. United States, 10 Cir., 296 F.2d 218; Roddy v. United States, 10 Cir. 296 F.2d 9; Klink v. Looney, 10 Cir., 262 F.2d 119; Whitney V. Zerbst, 10 Cir., 62 F.2d 970.

Affirmed.

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347 F.2d 376, 1965 U.S. App. LEXIS 5168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/emeary-moreland-jr-v-united-states-ca10-1965.

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