United States v. Lester

Decision Date25 June 1968
Docket NumberNo. 16745.,16745.
Citation399 F.2d 161
PartiesUNITED STATES of America v. John LESTER at State Correctional Institution, Graterford, Petitioner — David N. Myers, Supt., Corr. Inst. at Graterford, Pennsylvania, Custodian. John Lester, Appellant.
CourtU.S. Court of Appeals — Third Circuit

John Lester, pro se.

Robert S. Blank, Asst. U. S. Atty., Drew J. T. O'Keefe, U. S. Atty., Philadelphia, Pa, for appellee.

Before HASTIE, Chief Judge, and KALODNER and STALEY, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

This is a collateral attack under section 2255 of title 28, United States Code, by a federal prisoner upon the conviction pursuant to which he is now confined.

For the reasons stated in the opinion of the district court, 287 F.Supp. 870, we rule that the present claim that the indictment upon which the accused was tried was fatally defective is without merit.

The judgment will be affirmed.

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2 cases
  • United States v. DeLeo
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • 20 Abril 1970
    ...in the presence of another person to accomplish his purposes. United States v. Lester, 287 F.Supp. 870 (E.D.Pa.1967), aff'd. 399 F.2d 161 (3d Cir. 1968); Pitman v. United States, 380 F.2d 368 (9th Cir. II A second issue is directed to the admission in evidence of the incriminating contents ......
  • United States v. Williams, Crim. No. 71-025-HM.
    • United States
    • U.S. District Court — District of Maryland
    • 1 Octubre 1971
    ...in the presence of another person to accomplish his purposes. United States v. Lester, 287 F.Supp. 870 (E.D.Pa.1967), aff'd 399 F.2d 161 (3d Cir. 1968); Pitman v. United States, 380 F.2d 368 (9th Cir. 1967)." (* Footnotes See also the opinion of the 5th Circuit in Prince v. United States, 2......

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