Morris Albert v. United States

Appellant was indicted, tried, and convicted by a jury in the District Court for the District of Alaska, Fourth Judicial Division, for the offense of armed robbery (A.C.L.A.1949, § 65-4-24). On May 21, 1956 a fifteen (15) year sentence was imposed. An appeal from this conviction, filed May 26, 1956, was never perfected. On February 18, 1957 appellant filed a “Petition of Motion to Vacate Sentence” which the district court properly treated as a motion pursuant to 28 U.S.C. § 2255 . This motion was denied by the district judge on May 28, 1957 after careful consideration and examination of the files and records of the case. Appellant filed on November 5, 1957 a second “Petition to Vacate Sentence.” This petition, improperly filed in the Third Judicial Division, was transferred to the Fourth Division, the sentencing court, and filed therein November 22, 1957. The petition was denied November 27, 1957 upon the authority of 28 U.S.C. § 2255 , which provides:

This appeal is from the denial of the second petition for relief under section 2255 ( 28 U.S.C. § 1291 ).

Careful consideration of the allegations of error contained in the first and second petitions convinces us that the district…