Chester L. Oughton v. United States

Oughton, having appealed to this court from the district court’s order in a 28 U.S.C. § 2255 proceeding denying his motion to set aside his life sentence, seeks our order to proceed forma pauperis with his appeal.

It appears from the records of the district court of which we take judicial notice that Oughton plead guilty on the same day to the offense for which he was given a life sentence and two other sentences, upon one of which he received a five-year sentence and upon another of which he received a year and a day. The sentences running concurrently were imposed on December 17, 1952.

From the above it is apparent that if he were successful in his present § 2255 proceeding attacking his life sentence, he would not be released from custody. Nor does his § 2255 motion allege that he is “claiming the right to be released” from custody as required by the following provision of § 2255:

Obviously, the motion must be made by a prisoner “claiming the right to be released”. As stated by the Supreme Court the “sole purpose” in enacting this section “was to minimize the difficulties encountered in habeas corpus hearings by affording the same rights in another and more convenient…