Francis H. Robinson v. J. J. Clark, Warden

Fifth Circuit

Francis H. Robinson v. J. J. Clark, Warden

446 F.2d 1399

CourtCourt of Appeals for the Fifth Circuit

DecidedSeptember 22, 1971

Docket71-1808

StatusPublished

This text of 446 F.2d 1399 (Francis H. Robinson v. J. J. Clark, Warden) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth 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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Francis H. Robinson v. J. J. Clark, Warden, 446 F.2d 1399 (5th Cir. 1971).

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Opinion

PER CURIAM:

This appeal is taken from an order of the district court denying the motion of a federal prisoner brought pursuant to 28 U.S.C.A. § 2255. We affirm.

Appellant is serving a five year sentence for conspiracy to violate the federal tax statutes regulating distillation of alcoholic beverages. In his § 2255 motion he alleged that information furnished to obtain a search warrant was obtained by trespass. Appellant was arrested when officers, making a search pursuant to the warrant, discovered an illicit still on the premises searched.

The district court found from the trial transcript that no trespass occurred. This finding is amply supported.

Since the record and files conclusively refute appellant’s allegations, the district court did not err in denying relief without an evidentiary hearing. 28 U.S.C.A. § 2255; Helpman v. United States, 5 Cir., 1967, 373 F.2d 401; Barrett v. United States, 5 Cir., 1961, 302 F.2d 151.

Affirmed.

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