Emeary Moreland, Jr. v. United States

U.S. Court of Appeals for the Tenth Circuit
Emeary Moreland, Jr. v. United States, 347 F.2d 376 (10th Cir. 1965)
1965 U.S. App. LEXIS 5168

Emeary Moreland, Jr. v. United States

Opinion

*377 PER CURIAM.

The appellant Moreland was convicted in the United States District Court for the District of Colorado of the crime of armed robbery, in violation of 18 U. S.C. § 2114. His conviction was affirmed. Moreland v. United States, 10 Cir., 270 F.2d 887. This proceeding under 28 U.S.C. § 2255 attacks the judgment and sentence on the ground that Moreland’s arrest by state officers without a warrant was in violation of his constitutional rights. We find no error in the trial court’s dismissal of the petition without a hearing.

An illegal arrest without more does not void a conviction and is not grounds for collateral attack under Section 2255. Tanner v. United States, 10 Cir., 296 F.2d 218; Roddy v. United States, 10 Cir. 296 F.2d 9; Klink v. Looney, 10 Cir., 262 F.2d 119; Whitney V. Zerbst, 10 Cir., 62 F.2d 970.

Affirmed.

Reference

Full Case Name
Emeary MORELAND, Jr., Appellant, v. UNITED STATES of America, Appellee
Cited By
14 cases
Status
Published