Hill v. United States
Decision Date | 25 May 1967 |
Docket Number | No. 17710.,17710. |
Citation | 378 F.2d 44 |
Parties | James Francis HILL, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. |
Court | U.S. Court of Appeals — Sixth Circuit |
James Francis Hill, in pro. per.
Robert A. Scott, Asst. U. S. Atty., Chattanooga, Tenn., for appellee.
Before PHILLIPS, CELEBREZZE and PECK, Circuit Judges.
This is yet another appeal of petitioner from an order denying his motion to vacate sentence under 28 U.S.C. § 2255. Appellant was originally tried and convicted in 1954 of having transported in interstate commerce a stolen motor vehicle in violation of 18 U.S.C. § 2312 and of having transported across state lines a person who had theretofore been kidnapped and held for ransom or otherwise in violation of 18 U.S.C. § 1201. He was sentenced to twenty years' imprisonment upon the kidnapping charge and to a term of three years upon the Dyer Act violation, with the sentences to run consecutively. Appellant's previous attempts at collateral attack upon his sentence are found in the following cases: United States v. Hill, No. 17,070 (Nov. 2, 1966) (C.A. 6); Hill v. United States, 236 F. Supp. 155 (E.D.Tenn.), aff. No. 16,341 (C.A. 6), cert. denied, 384 U.S. 944, 86 S.Ct. 1467, 16 L.Ed.2d 542; United States v. Hill, 319 F.2d 653 (C.A. 6); United States v. Hill, 291 F.2d 627 (C.A. 6), cert. denied, 368 U.S. 861, 82 S.Ct. 103, 7 L.Ed.2d 58; Hill v. United States, 282 F.2d 352 (C.A. 6), aff., 368 U.S. 424, 82 S.Ct. 468, 7 L.Ed.2d 417, rehearing denied, 369 U.S. 808, 82 S.Ct. 640, 7 L.Ed.2d 556; Hill v. United States, 268 F.2d 203 (C.A. 6), cert. denied, 361 U.S. 854, 80 S.Ct. 110, 4 L.Ed.2d 93; Hill v. United States, 256 F.2d 957 (C.A. 6); Hill v. United States, 238 F.2d 84 (C.A. 6), cert. denied, 352 U.S. 1007, 77 S.Ct. 569, 1 L.Ed.2d 551; Hill v. United States, 223 F.2d 699 (C.A. 6), cert. denied, 350 U.S. 867, 76 S.Ct. 113, 100 L.Ed. 768; and Hill v. United States, 206 F.2d 204 (C.A. 6), cert. denied, 346 U.S. 859, 74 S.Ct. 75, 98 L.Ed. 372.
The district judge, the Honorable Frank W. Wilson, dismissed the motion on the ground that it presents a repetition of matters which previously have been adjudicated against appellant on their merits. The opinion of the district court summarizes the contentions of appellant in this and his previous motions to vacate as follows:
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