James S. West v. United States

D.C. Circuit

James S. West v. United States

326 F.2d 633, 117 U.S. App. D.C. 90

CourtCourt of Appeals for the D.C. Circuit

DecidedOctober 7, 1963

Docket17936_1

StatusPublished

Cited by2 cases

This text of 326 F.2d 633 (James S. West v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. 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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James S. West v. United States, 326 F.2d 633, 117 U.S. App. D.C. 90 (D.C. Cir. 1963).

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Opinion

PER CURIAM.

In Young v. United States, 114 U.S. App.D.C. 42, 309 F.2d 662 (1962), we reversed a conviction of Young of assault with intent to commit robbery in violation of 22 D.C.Code § 501. James S. West, the present appellant, had been tried with Young for the same offense. He too was convicted, but he did not appeal. The reversal in Young’s case was on the ground that the trial court had erred in refusing to give a requested instruction on the lesser included offense of simple assault. On the remand of that case, as we are advised, the indictment against Young was dismissed. Thereafter a communication of West to the District Judge was considered by the District Court as a motion under 28 U.S.C. § 2255 to vacate his sentence. After a hearing the court filed a Memorandum Opinion which included findings of fact and conclusions of law, and denied the motion. This appeal followed.

We have the bare question whether reversal, for the reason we have stated, of the conviction of West’s co-defendant Young, now enables West successfully to challenge collaterally, under Section 2255, his own unappealed conviction. We think not. Assuming arguendo that the error which led to the reversal in Young’s case would have led to a like result in West’s case had he appealed, it is not error of the character which affords a basis for relief under Section 2255. Any relief to which West might be entitled in the circumstances we think must now be left to the discretion of the Executive in the exercise of the power of clemency.

Affirmed.

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PER CURIAM.

In Young v. United States, 114 U.S. App.D.C. 42, 309 F.2d 662 (1962), we reversed a conviction of Young of assault with intent to commit robbery in violation of 22 D.C.Code § 501. James S. West, the present appellant, had been tried with Young for the same offense. He too was convicted, but he did not appeal. The reversal in Young’s case was on the ground that the trial court had erred in refusing to give a requested instruction on the lesser included offense of simple assault. On the remand of that case, as we are advised, the indictment against Young was dismissed. Thereafter a communication of West to the District Judge was considered by the District Court as a motion under 28 U.S.C. § 2255 to vacate his sentence. After a hearing the court filed a Memorandum Opinion which included findings of fact and conclusions of law, and denied the motion. This appeal followed.

We have the bare question whether reversal, for the reason we have stated, of the conviction of West’s co-defendant Young, now enables West successfully to challenge collaterally, under Section 2255, his own unappealed conviction. We think not. Assuming arguendo that the error which led to the reversal in Young’s case would have led to a like result in West’s case had he appealed, it is not error of the character which affords a basis for relief under Section 2255. Any relief to which West might be entitled in the circumstances we think must now be left to the discretion of the Executive in the exercise of the power of clemency.

Affirmed.

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326 F.2d 633, 117 U.S. App. D.C. 90, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-s-west-v-united-states-cadc-1963.

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