William Thomas v. United States

Since July 9, 1962, William Thomas has been serving a five-year sentence in a federal prison for interstate transportation of a falsely made, forged and counterfeit security, in violation of 18 U.S.C. § 2314 (1958, Supp. III). This court, on March 4, 1964, dismissed an appeal from the judgment of conviction because no notice of appeal from the conviction had been filed. On May 28, 1964, he instituted in the district court this proceeding under 28 U.S.C. § 2255 (1958) to vacate and set aside the judgment of conviction and sentence. The district court, after hearing, denied the motion and Thomas appeals.

In his application in this proceeding Thomas alleges that he is entitled to relief on the basis of errors which normally can be presented only on a direct review, because of the two following circumstances: (1) his appointed counsel failed to file a notice of appeal from the conviction and sentence despite Thomas’ timely request that an appeal be taken; and (2) there was plain reversible error in the respects described in. the application.

The district court appeared to accept Thomas’ argument that, in view of Dodd v. United States, 9 Cir., 321 F.2d 240, 243-246 , if Thomas can…