Nathaniel Hawthorne Williams v. United States

Tenth Circuit

Nathaniel Hawthorne Williams v. United States

371 F.2d 536

CourtCourt of Appeals for the Tenth Circuit

DecidedJanuary 11, 1967

Docket8809

StatusPublished

Cited by4 cases

This text of 371 F.2d 536 (Nathaniel Hawthorne Williams v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth 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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Nathaniel Hawthorne Williams v. United States, 371 F.2d 536 (10th Cir. 1967).

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Opinion

PER CURIAM.

The appeal is from an order entered, without an evidentiary hearing, upon a post trial motion filed by appellant, which motion was considered by the court as one filed pursuant to 28 U.S.C. § 2255.

The allegations of the motion may be summarized as an attack upon the sufficiency of the evidence to support the jury verdict of guilty rendered against appellant in a previously tried criminal case. It clearly constitutes a collateral attack upon the judgment of conviction and does not constitute sufficient grounds for relief under § 2255. 1

Appellant’s brief raises the question of an attempt by him to take an appeal from the judgment of conviction and sentence. This question was not raised by the motion filed in the trial court and is raised here for the first time. Therefore, we are precluded from considering the point. It may still be appropriately presented to the trial court.

Affirmed.

1

. Carrillo v. United States, 10 Cir., 332 F.2d 292 and eases there cited.

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