Louis Fiano v. United States

Louis Fiano was convicted in the United States District Court of violating the Federal Narcotics Act (Title 21 U.S.C.A. § 174 ). He appealed and his conviction was affirmed by this court. A petition for rehearing, attacking the sufficiency of the indictment for the first time, was denied by this court. (9 Cir., 271 F.2d 883 .) A petition for a writ of certiorari to the United States Supreme Court was denied. 361 U.S. 964 , 80 S.Ct. 593 , 4 L.Ed.2d 545 . A petition for a rehearing was also denied in the Supreme Court. 362 U.S. 925 , 80 S.Ct. 668 , 4 L.Ed.2d 744 . See also Fiano v. United States, 9 Cir., 1958, 259 F.2d 135 .

Thereafter petitioner Louis Fiano applied for an order releasing him from custody, under the provisions of 28 U.S.C. § 2255 , upon the grounds that his sentence was imposed in violation of the Constitution, and that the court was without jurisdiction to impose such sentence. This is an appeal from the denial of relief under 28 U.S.C. § 2255 . This court has jurisdiction pursuant to the provisions of 28 U.S.C. §§ 2253 and 2255.

There is but one point raised by this appeal: Can a conviction sustained on appeal be vacated by a motion under 28 U.S.C. § 2255 ,…