[DOWNLOAD] "Slocum v. United States" by United States Court of Appeals Eighth Circuit. # Book PDF Kindle ePub Free
eBook details
- Title: Slocum v. United States
- Author : United States Court of Appeals Eighth Circuit.
- Release Date : January 24, 1963
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
This is an appeal in forma pauperis by David Jackson, Jr., whom we shall refer to as defendant, from order of the district court denying his motion to vacate and set aside excessive sentence filed December 19, 1962, pursuant to 28 U.S.C.A. § 2255. The prior history of this litigation is fully set out in our opinion affirming the denial of a prior § 2255 motion. Jackson v. United States, 8 Cir., 304 F.2d 243. Such motion was based largely on defendants contention that he was misinformed to his prejudice with respect to maximum sentence that could be imposed and that his plea of guilty was induced by false promises by the United States Attorney. It would appear that upon appeal in such case, the defendant raised the issue "that matters relating to his arrest and arraignment, and the sufficiency of the allegations of the indictments to which he pleaded guilty were not in accordance with due process of law." We held that such issue could not be considered as it had not been raised in the trial court. Thus it would appear that the defendant has not previously raised in a § 2255 motion the issue of the sufficiency of the indictment.