Charles E. Toliver v. United States

Toliver, in propria persona, appeals from the denial of a motion under 28 U.S.C. § 2255 filed on October 2, 1956, to partially vacate appellant’s sentence of a judgment entered April 1,1954.

The sentencing court, the United States District Court for the Northern District of California, Southern Division, after a hearing in which the appellant was represented by counsel denied the motion, making findings of fact and conclusions of law on the basis that every issue raised in the petition was decided adversely to the appellant in the appeal from his original conviction.

The appellant was charged under a five count indictment concerning violations of the narcotics laws. The first count charged a violation of the Harrison Narcotics Act, 26 U.S.C. §§ 2553 and 2557 (illegal selling); the second count was dismissed; the third and fourth counts charged appellant with violations of the Harrison Narcotics Act and the Jones-Miller Act, 21 U.S.C. § 174 (illegal concealment) occurring on a different day from the violation in count one; count five charged the appellant with conspiracy to violate the narcotics law in violation of 18 U.S.C. § 371 . After a jury verdict of guilty on the four…