Melvin Joseph Conerly v. United States

Appellant, appearing in propria persona, takes this appeal from the district court denial of his motion for relief under 28 U.S.C. § 2255 .

Appellant entered a voluntary plea of guilty on September 17, 1963, in the United States District Court for the Southern District of California, Central Division, to Count II of an indictment, charging him with violating 18 U.S.C. § 641 , by having “received, concealed and retained, with intent to convert to his own use 95 United States Postal Money Order [sic], one validating stamp * * * one set of limitation stamps, one office rubber stamp having a value in excess of $100,” knowing that such property had been stolen from the United States. He was convicted on said plea. Counts I and III of the said indictment were then dismissed.

Previously, appellant had entered a not guilty plea to all three counts. Count I charged that appellant had forcibly broken into a building used as a United States Post Office, an alleged violation of 18 U.S.C. § 2115 . Count III charged appellant with resisting and assaulting a federal officer (a postal inspector), an alleged violation of 18 U.S.C. § 111 .

Counsel was appointed, with appellant’s consent, on…