Meyers v. United States, 10367

• Citation: 86 US App. DC 320,181 F.2d 802
• Decision Date: 10 April 1950
• Docket Number: 10468.,No. 10367,10367
• Parties: MEYERS v. UNITED STATES. MEYERS v. CLEMMER.
• Court: United States Courts of Appeals. United States Court of Appeals (District of Columbia)

86 US App. DC 320, 181 F.2d 802 (1950)

MEYERS v. UNITED STATES.

MEYERS v. CLEMMER.

Nos. 10367, 10468.

United States Court of Appeals District of Columbia Circuit.

Argued January 20, 1950.

Decided April 10, 1950.

Writ of Certiorari Denied June 5, 1950.

Mr. Stanley Suydam, Washington, D. C., with whom Messrs. Robert T. Bushnell and John O. Dahlgren, Washington, D. C., were on the brief, for appellant in No. 10367.

Mr. Stanley Suydam, Washington, D. C., with whom Mr. John O. Dahlgren, Washington, D. C., was on the brief, for appellant in No. 10468.

Mr. Ross O'Donoghue, Assistant United States Attorney, Washington, D. C., with whom Messrs. George Morris Fay, United States Attorney, and Joseph M. Howard, Assistant United States Attorney, Washington, D. C., were on the brief, for appellees.

Before WILBUR K. MILLER, PRETTYMAN and PROCTOR Circuit Judges.

Writ of Certiorari Denied June 5, 1950. See 70 S.Ct. 1030.

PROCTOR, Circuit Judge.

Appellant Meyers was convicted by jury verdict in the United States District Court for the District of Columbia for suborning perjury before a Senate Committee in violation of 22 D.C.Code (1940) § 2501, and sentenced to a term of imprisonment. This court affirmed the conviction, 1948, 84 U.S. App.D.C. 101, 171 F.2d 800. The Supreme Court denied certiorari, 1949, 336 U.S. 912, 69 S.Ct. 602, 93 L.Ed. 1076.

Later, the case of Christoffel v. United States, 1949, 338 U.S. 84, 69 S.Ct. 1447, 1450, 93 L.Ed. 1826, involving a conviction for perjury before a Congressional committee, was decided by the Supreme Court. It was held that the trial court erred in dealing with the statutory element of a "competent tribunal" by allowing the jury to find that there was a quorum of the House Committee, at the time the alleged false testimony was given, from the mere fact that a quorum was present when the committee convened "two or three hours before the defendant offered his testimony, in the face of evidence indicating the contrary, * * *."

Thereupon Meyers filed a motion in the United States District Court for the District of Columbia under Title 28, Section 2255, U.S.Code Annotated, to vacate the judgment of conviction and sentence, upon the ground that at his trial he was denied benefit of the rule declared in the Christoffel case. The motion was denied. Judge Holtzoff held 1949, 84 F.Supp. 766 the courts' jurisdiction under Section 2255 to be co-extensive with their jurisdiction in passing upon an application for a writ of habeas corpus; that as errors committed during a trial may not be reviewed by habeas corpus, unless involving jurisdiction of the court or deprivation of Constitutional rights amounting to a denial of the essence of a fair trial, so a collateral attack may not be made by way of Section 2255 upon a judgment for mere errors of law committed in the course of a trial. Reference is made to Chief Judge Parker's opinion in Howell v. United States, 4 Cir., 1949, 172 F.2d 213, certiorari denied, 337 U.S. 906, 69 S.Ct. 1048, 93 L.Ed. 1718, followed in Birtch v. United States, 4 Cir., 1949, 173 F.2d 316, certiorari denied, 337 U.S. 944, 69 S.Ct. 1500, 93 L.Ed. 1747. See also Taylor v. United States, 4 Cir., 1949, 177 F.2d 194.

After the foregoing proceedings on the motion to vacate, Meyers applied for a writ of habeas corpus to the United States District Court for the Eastern District of Virginia, where he was then imprisoned. His application was based on grounds similar to those in the aforementioned motion in the District of Columbia. The application was denied. The United States Court of Appeals for the Fourth Circuit affirmed, Meyers v. Welch, 1949, 179 F.2d 707, 708. Speaking for the court, Chief Judge Parker said:

"We think that the application was properly denied. In the first place, the prisoner has no right to relief by habeas corpus where there exists the right to relief under 28 U.S.C.A. § 2255; and the fact that the motion has been denied does not give the right to resort to habeas corpus, even if the movant is entitled to relief, since the remedy in such case is by appeal. Only where the remedy by motion with appeal therefrom is inadequate or ineffective to test the legality of the detention may there be resort to habeas corpus.

* * * * * *

"In the second place, it is perfectly clear that habeas corpus does not lie to correct mere errors of law in a trial or to try such questions as the sufficiency of the evidence to sustain a conviction or the refusal to instruct the jury as to the applicable law. McNamara v. Henkel, 226 U.S. 520, 33 S.Ct. 146, 57 L.Ed. 330; Howell v. United States, 4 Cir., 172 F.2d 213, 215; Bernard v. Brady, 4 Cir., 164 F.2d 881."

Further the court pointed out that the decision in the Christoffel case did not conflict with the decision in the Meyers case; but even if there had been conflict there would be no right to release by habeas corpus or to again review the questions raised in his trial by resorting to that writ, citing Sunal v. Large, 1947, 332 U.S. 174, 67 S. Ct. 1588, 91 L.Ed. 1982, and Warring v. Colpoys, 1941, 74 App.D.C. 303, 122 F.2d 642, 647.

Finally, while in custody in the District of Columbia, Meyers petitioned the United States District Court there for a writ of habeas corpus, again urging the same grounds. The petition was dismissed because it did not appear that the remedy by motion under Section 2255 was "inadequate or ineffective to test the legality" of Meyers' imprisonment. This proceeding and that involving the motion to vacate the judgment are now before this court on these appeals, which have been heard together.

We approve the action of the District Court in both cases. The opinions of that cou...