Kammer v. United States

Fifth Circuit

Kammer v. United States

159 F.2d 889, 1947 U.S. App. LEXIS 2537

CourtCourt of Appeals for the Fifth Circuit

DecidedFebruary 15, 1947

DocketNo. 11817

StatusPublished

This text of 159 F.2d 889 (Kammer 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.

Bluebook

Kammer v. United States, 159 F.2d 889, 1947 U.S. App. LEXIS 2537 (5th Cir. 1947).

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Opinion

PER CURIAM.

On July 17, 1946, appellant, who had been convicted on June 6, 1942, on his [890]*890plea of guilty, of transporting in. interstate commerce $75,000 worth of stolen jewels, and sentenced to serve eight years in the penitentiary, filed a petition in the sentencing court to vacate the judgment and sentence. In the nature of a writ of error coram nobis, it purported to present matters which showed that in his trial and sentence defendant had been deprived of due process of law. The district judge, of the opinion that the matters alleged as grounds for vacation of the judgment were, as matter of law, insufficient, and that the petition should be denied, sustained the motion of the United States to dismiss it, and it was accordingly dismissed. Appellant is here complaining of that dismissal as error. We do not think so. On the contrary, we think it clear that the judgment was right and should be affirmed.

Affirmed.

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PER CURIAM.

On July 17, 1946, appellant, who had been convicted on June 6, 1942, on his [890]*890plea of guilty, of transporting in. interstate commerce $75,000 worth of stolen jewels, and sentenced to serve eight years in the penitentiary, filed a petition in the sentencing court to vacate the judgment and sentence. In the nature of a writ of error coram nobis, it purported to present matters which showed that in his trial and sentence defendant had been deprived of due process of law. The district judge, of the opinion that the matters alleged as grounds for vacation of the judgment were, as matter of law, insufficient, and that the petition should be denied, sustained the motion of the United States to dismiss it, and it was accordingly dismissed. Appellant is here complaining of that dismissal as error. We do not think so. On the contrary, we think it clear that the judgment was right and should be affirmed.

Affirmed.

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Bluebook (online)

159 F.2d 889, 1947 U.S. App. LEXIS 2537, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kammer-v-united-states-ca5-1947.