Forrest Silva Tucker v. United States

Our opinion of March 27, 1958 is amended to read as follows:

Tucker appeals from a judgment in a 28 U.S.C. § 2255 proceeding denying his motion to be released from imprisonment on a sentence for violating 18 U.S.C. § 2113 (a), robbery of a federal savings and loan society and so doing with the use of a dangerous weapon, jeopardizing human life in violation of subsection (d) of that section.

His first contention is that the evidence does not support the verdict. That question is finally determined in the proceedings in which the accused is sentenced and cannot be considered in a § 2255 proceeding. Hastings v. United States, 184 F.2d 939, 940 . Cf. Flores v. United States, 9 Cir., 238 F.2d 758 ; Brown v. United States, 9 Cir., 222 F.2d 293 .

His second contention is that the District Court failed to consider the question whether the prosecuting officer had introduced false evidence concerning the prior convictions of Tucker leading to a prejudicial effect on the sentencing judge and resulting in a 25-year sentence. However, attached to and made a part of the motion is a copy of the transcript of the testimony of the Government officers concerning the prior convictions in a…