Herman v. United States, 7089.
| Decision Date | 09 November 1955 |
| Docket Number | No. 7089.,7089. |
| Parties | Percy William HERMAN, Appellant, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — Fourth Circuit |
Percy William Herman, pro se.
James R. Moore, First Asst. U. S. Atty., Richmond, Va. (L. S. Parsons, Jr., U. S. Atty., Norfolk, Va., on brief), for appellee.
Before PARKER, Chief Judge, DOBIE, Circuit Judge, and BARKSDALE, District Judge.
This is an appeal from an order denying a motion under 28 U.S.C. § 2255 to vacate and set aside the judgment and sentence of the court below affirmed by this court in Herman v. United States, 4 Cir., 220 F.2d 219. The motion raised no questions which were not fully considered on the appeal from the judgment and sentence. Furthermore, the grounds of the motion were matters which could have been presented only by appeal and not by motion under 28 U.S.C. § 2255.
Affirmed.
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...by [the Circuit Court on direct appeal]." Boeckenhaupt v. United States, 537 F.2d 1182, 1183 (4th Cir. 1976) (citing Herman v. United States, 227 F.2d 332 (4th Cir. 1955)). Additionally, if a defendant waives an issue by failing to raise it on direct appeal and then later attempts to raise ......
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...the guise of collateral attack, questions fully considered" earlier by the appellate court. Boeckenhaupt, 537 F.2d at 1183 (citing Herman, 227 F.2d 332). Sodipo's argument as to the mistrial was previously rejected by the Fourth Circuit. Even if Sodipo's claim regarding a grudge between the......
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...by [the Circuit Court on direct appeal]." Boeckenhaupt v. United States, 537 F.2d 1182, 1183 (4th Cir. 1976) (citing Herman v. United States, 227 F.2d 332 (4th Cir. 1955)). Additionally, if a defendant waives an issue by failing to raise it on direct appeal and then later attempts to raise ......
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...by [the Circuit Court on direct appeal]." Boeckenhaupt v. United States, 537 F.2d 1182, 1183 (4th Cir. 1976) (citing Herman v. United States, 227 F.2d 332 (4th Cir. 1955)). Additionally, if a defendant waives an issue by failing to raise it on direct appeal and then later attempts to raise ......