Major A. Eberhart, Jr. v. United States

This is an appeal from the denial of a motion under Title 28 U.S.C. § 2255 to vacate and set aside a judgment of conviction.

Eberhart, the petitioner, was convicted in the United States District Court for the Northern District of California for two violations of Title 21 U.S.C.A. § 174 , concealment of narcotics and sale of narcotics. He did not appeal from the judgment of conviction. Thereafter, he filed in the District Court a motion to vacate and set aside judgment pursuant to Title 28 U.S.C. § 2255 , which was denied.

Eberhart makes the following allegations as to the circumstances of his arrest and trial. He claims that on June 22, 1957, the date the violations for which he was convicted occurred, one Ambrose came to his apartment to pay the sum of $360 which was payment of an old debt Ambrose owed to Eberhart. Fifteen minutes later, the federal narcotic agents entered the apartment without a search warrant, seized the money from petitioner’s person (the money was marked) and searched the apartment. Failing to find anything there, the agents searched the basement of the apartment house over which Eberhart had no control and found a package containing narcotics which he…