Wardell Robinson v. United States

Appellant appeals from a denial of his second motion for relief under 28 U.S.C. § 2255 , filed October 29, 1964. This denial in the district court was on two grounds:

(1) That his motion “is based upon substantially the same ground as petitioner’s prior motion filed March 11, 1964” and

(2) “that the files and records of the Criminal Case No. 28631 of the Southern District of California [Central Division] conclusively show the petitioner is entitled to no relief.”

An examination of the unpublished decision of this court, filed June 11, 1963, No. 18336, affirming appellant’s conviction by a jury of the knowing interstate transmission of a forged check, shows that the question of the failure of the government to produce bank records or cancelled checks to corroborate the com plaining witness’ testimony with respect to her denial of an alleged loan to appellant of $2,500 was before this court on such appeal. Appellant on his first § 2255 petition charged a lack of adequate representation; in his second, charges Mrs. Floto (the complaining witness) with perjury, known to the F.B.I. and the U. S. Attorney’s Office to have been false testimony.

Of course, if Mrs. Floto’s testimony…