Barnett v. United States, 20788.

Citation439 F.2d 801
Decision Date18 March 1971
Docket NumberNo. 20788.,20788.
PartiesJohn C. BARNETT, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.
CourtUnited States Courts of Appeals. United States Court of Appeals (6th Circuit)

John C. Barnett, pro se.

John L. Bowers, Jr., U. S. Atty., Robert E. Simpson, Asst. U. S. Atty., Knoxville, Tenn., for defendant-appellee on brief.

Before CELEBREZZE and MILLER, Circuit Judges, and O'SULLIVAN, Senior Circuit Judge.

PER CURIAM.

This is an appeal from the United States District Court, Eastern District of Tennessee of a denial of a motion to vacate sentence filed pursuant to 28 U. S.C. § 2255 (1964).

The Appellant was convicted of possessing and transporting nontax paid whiskey in 1967. His conviction on the "possession" count was affirmed by this Court, United States v. Barnett, 407 F. 2d 1114, cert. denied 395 U.S. 907, 89 S. Ct. 1748, 23 L.Ed.2d 219 (1969). In his motion to vacate sentence pursuant to § 2255, the Appellant contended (1) that his conviction was procured by the knowing use by the prosecution of perjured testimony and (2) that his original arrest and the subsequent search and seizure of his car were violative of his constitutional rights. The District Court dismissed Appellant's motion without a hearing.

If there were facts in the record to support the Appellant's allegation of the knowing use by the prosecution of perjured testimony, such facts could be adequate grounds for granting Appellant's motion to vacate sentence. Russell v. United States, 321 F.2d 533 (9th Cir. 1963). In this case, however, the allegations of the Appellant do no more than establish the appearance of inconsistencies in testimony. See Chapman v. United States, 408 F.2d 11 (2d Cir. 1969). Further, Appellant's conclusory allegations of perjury are not corroborated by factual evidence upon which a motion to vacate sentence may be based. Tucker v. United States, 423 F.2d 655 (6th Cir. 1970). See Sanders v. United States, 373 U.S. 1, 83 S.Ct. 1068, 10 L. Ed.2d 148 (1963). Indeed, where as here, Appellant's allegations and conclusions when read in the light of the entire record do not even raise a significant question of fact as to the alleged use of perjured testimony, the District Court need not accord the Appellant a hearing on those allegations. Humphries v. Green, 397 F.2d 67 (6th Cir. 1968); Barker v. Ohio, 330 F.2d 594 (6th Cir. 1964).

As to the issues of the alleged illegality of the arrest of Appellant and of the subsequent search and seizure of Appellant's automobile and its contents, these issues were decided adversely to Appellant in his direct appeal to this Court from his original trial. 407 F.2d 1114, 1120. Since our decision on appeal, neither new facts nor changes in the judicial conception of fundamental fairness cause us to reconsider our prior holdings. An...

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  • MacLeod v. Braman
    • United States
    • U.S. District Court — Eastern District of Michigan
    • September 3, 2020
    ...Conclusory allegations of perjury in a habeas corpus petition must be corroborated by some factual evidence. Barnett v. United States, 439 F.2d 801, 802 (6th Cir. 1971). Petitioner presented no evidence to establish that any of the witnesses deliberately lied, hence, he is not entitled to r......
  • Williams v. Jackson
    • United States
    • U.S. District Court — Eastern District of Michigan
    • April 26, 2017
    ...Id. Conclusory allegations of perjury in a habeas corpus petition must be corroborated by some factual evidence. Barnett v. United States, 439 F.2d 801, 802 (6th Cir.1971). Petitioner is not entitled to relief on his seventh claim. F. Claim # 9. The jury instruction claim. Petitioner next c......
  • Hall v. Capello
    • United States
    • U.S. District Court — Eastern District of Michigan
    • August 29, 2013
    ...Conclusory allegations of perjury in a habeas corpus petition must be corroborated by some factual evidence. Barnett v. United States, 439 F.2d 801,802 (6th Cir.1971). More importantly, assuming that Worthy lied about seeing petitioner in the neighborhood a few days prior to the robbery, pe......
  • Meriweather v. Burton
    • United States
    • U.S. District Court — Eastern District of Michigan
    • January 12, 2015
    ...allegations of perjury in a habeas corpus petition must be corroborated by some factual evidence. Barnett v. United States, 439 F.2d 801, 802 (6th Cir.1971). More importantly, assuming that any of these witnesses testified falsely, petitioner is still not entitled to habeas relief on his pe......
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