James F. Hanley v. United States

222 F.2d 566, 95 U.S. App. D.C. 400, 1955 U.S. App. LEXIS 3856

• Court: Court of Appeals for the D.C. Circuit
• Decided: May 19, 1955
• Docket: 12525
• Status: Published

Opinion

PER CURIAM.

Indicted in two counts charging respectively housebreaking and grand larceny, James F. Hanley was found guilty of both offenses by a jury in the United States District Court for the District of Columbia. He was sentenced to imprisonment for from four to twelve years on the housebreaking count, and to a term of one year on the larceny charge, the sentences to run concurrently. He did not appeal. Some nine months after the sentences were pronounced, Hanley filed a motion to vacate under 28 U.S.C. § 2255, asserting the trial judge should have sua sponte directed an acquittal on the ground that the evidence was insufficient to sustain a conviction of such offenses. Cf. Rule 29(a), Federal Rules of Criminal Procedure, 18 U.S.C. This appeal is from the order which denied the motion.

A question as to the sufficiency of the proofs at the trial in which the prisoner was convicted cannot be raised by a motion to vacate under § 2255. Finan v. United States, 4 Cir., 1949, 177 F.2d 850.

Affirmed.