Willie Earl Frazer v. United States

Appellant Willie Earl Frazer, a prisoner at the federal penitentiary at Steilacoom, Washington, was convicted on April 20, 1954 of unlawfully concealing, selling and conspiring to conceal and sell narcotics. No appeal from said conviction was taken. On July 21, 1954 Frazer filed a petition in the District Court for the Northern District of California, Southern Division pursuant to § 2255 of Title 28, U.S.C.A. to vacate and set aside the judgment and sentence on the grounds that his conviction was unlawful in that he had been entrapped by law enforcement officers and, further, in that the United States Attorney knowingly used perjured testimony in the course of appellant’s trial. It is alleged that appellant was thereby denied due process of law and the trial court lost jurisdiction. The district court denied the petition.

At the trial the defense of entrapment was not raised or an instruction thereon requested. The defense of entrapment was in no manner injected into the case. Sec. 2255 does not subject duly formed judgments to collateral attack on the mere belated allegation of defensive matter not previously raised and not going to the jurisdiction of the sentencing court or…