John Thomas Lott v. United States

Fifth Circuit

John Thomas Lott v. United States

262 F.2d 332

CourtCourt of Appeals for the Fifth Circuit

DecidedJanuary 27, 1959

Docket17335_1

StatusPublished

Cited by3 cases

This text of 262 F.2d 332 (John Thomas Lott v. United States) 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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John Thomas Lott v. United States, 262 F.2d 332 (5th Cir. 1959).

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PER CURIAM.

The appellant was charged with narcotics violations. He was convicted and, on appeal, the conviction was set aside. Lott v. United States, 5 Cir., 1955, 218 F.2d 675. On a second trial the appellant was convicted on a conspiracy count of the indictment and the conviction was affirmed. Lott v. United States, 5 Cir., 1956, 230 F.2d 915, certiorari denied 351 U.S. 953, 76 S.Ct. 848, 100 L.Ed. 1477.

Seeking to obtain the relief which his appeal failed to accomplish, the appellant moved to vacate the judgment and sentence under 28 U.S.C.A. § 2255, asserting that he was convicted by perjured testimony which, he says, was knowingly and intentionally used by his prosecutors. After a full hearing with the defendant present, the district court found that the appellant had failed to establish any right to relief. Our review discloses no error. The order of the district court is

Affirmed.

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PER CURIAM.

The appellant was charged with narcotics violations. He was convicted and, on appeal, the conviction was set aside. Lott v. United States, 5 Cir., 1955, 218 F.2d 675. On a second trial the appellant was convicted on a conspiracy count of the indictment and the conviction was affirmed. Lott v. United States, 5 Cir., 1956, 230 F.2d 915, certiorari denied 351 U.S. 953, 76 S.Ct. 848, 100 L.Ed. 1477.

Seeking to obtain the relief which his appeal failed to accomplish, the appellant moved to vacate the judgment and sentence under 28 U.S.C.A. § 2255, asserting that he was convicted by perjured testimony which, he says, was knowingly and intentionally used by his prosecutors. After a full hearing with the defendant present, the district court found that the appellant had failed to establish any right to relief. Our review discloses no error. The order of the district court is

Affirmed.

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262 F.2d 332, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-thomas-lott-v-united-states-ca5-1959.

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