United States v. Sanders, Cr. No. 19674.
| Decision Date | 04 April 1950 |
| Docket Number | Cr. No. 19674. |
| Citation | 92 F. Supp. 447 |
| Parties | UNITED STATES v. SANDERS. |
| Court | U.S. District Court — District of Maryland |
Bernard J. Flynn, United States Attorney, Baltimore, Md., for U. S.
Hilliard Sanders, pro. per.
In this case the defendant, Hilliard Sanders, was on or about February 5, 1942, sentenced in this court to twenty years imprisonment for bank robbery under 12 U.S.C.A. § 588(b), New Title 18 U.S.C.A. § 2113. On March 21, 1950 there was filed a motion in this case to vacate the judgment under 28 U.S.C.A. § 2255. The United States Attorney has filed an answer opposing the relief prayed for in the petition and reciting the numerous petitions for habeas corpus which heretofore have been filed by the defendant for release from imprisonment under the sentence of this court.
After consideration of the petition and answer I have concluded that the petition must be dismissed.
With the present petition the defendant has also filed a motion for a writ of habeas corpus ad testificandum. This was filed for the purpose of having himself brought to this court from Alcatraz, California, to testify in his own behalf in support of the petition. The petitioner alleges a number of grounds on which he contends that this court was without jurisdiction to enter the judgment. In view of the numerous prior petitions for release on habeas corpus recited by the answer of the United States Attorney it is unnecessary to discuss further the question of the jurisdiction of the court. As to its proper existence in this case I have no doubt.
In paragraph 11 of the petition it is alleged that certain federal police agents . While, as the trial judge in the case, I have no present recollection as to whether the persons named were or were not witnesses in the case and know nothing of the allegation made by the petitioner, I deem this averment insufficient to warrant a reopening of the case after the lapse of more than eight years and the apparently belated statement now made. Nor is it alleged what was the nature of the false testimony or its relevance in the trial of the case.
The defendant Sanders was represented throughout the trial and a motion for a new trial made by experienced counsel who seemed to me to be giving...
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Sanders v. United States
...Chesnut or by me, and in some cases by the Fourth Circuit on appeal. See Sanders v. Brady, 57 F.Supp. 87 (D.Md.1944); United States v. Sanders, 92 F.Supp. 447 (D.Md.1950), aff'd Sanders v. United States, 183 F.2d 748 (4 Cir. 1950); United States v. Sanders, 138 F.Supp. 192 (D.Md.1955), aff'......
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Sanders v. United States, 7125.
...States, 4 Cir., 127 F.2d 647; Id., 317 U.S. 626, 63 S.Ct. 37, 87 L.Ed. 506. A similar motion was heard by the District Court in 1950, 92 F.Supp. 447, and the action of the court in denying same had been affirmed by this court. Sanders v. United States, 4 Cir., 183 F.2d 748. Appellant was re......
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United States v. Sanders
...138 F. Supp. 192 ... UNITED STATES of America ... Hilliard SANDERS ... Crim. No. 19674 ... United States District Court D. Maryland Criminal Division ... May 19, 1955. George Cochran Doub, U. S. Atty., and William F. Mosner, Asst. U. S. Atty., Baltimore, Md., for the United States ... Eli Baer, Baltimore, Md., for petitioner ... ...
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United States v. Sanders
...31, 1950 the defendant filed a motion for vacation of sentence under 28 U.S.C.A. § 2255. The motion was denied by this court on April 4, 1950, 92 F.Supp. 447. An appeal was taken to the Court of Appeals and the order of this court was affirmed July 17, 1950, reported in 4 Cir., 183 F.2d On ......