Alfred G. Cummins v. United States

The appellant is a federal prisoner. His confinement results from a judgment and commitment order entered on November 25, 1960. The judgment followed his conviction, in a jury trial, of offenses proscribed by 18 U.S.C. § 495 . On each of nine counts he was sentenced to a term of ten years, the terms to commence and run concurrently.

On July 19, 1965, the appellant filed a motion based upon 28 U.S.C. § 2255 . The District Court denied the motion without a hearing, the order of denial reciting that all pertinent files and records “conclusively show that the prisoner is entitled to no relief.” This appeal followed.

In the motion filed in the court below, the appellant alleged, in effect, that the indictment under which he was convicted was “defective,” that it did not “state a charge,” that it did not “specify what Statue [sic] was violated,” and that it was so insufficient that the appellant was unable, intelligently, to enter his plea of not guilty. The allegations in the motion continue with the assertion that the plea was void and that, hence, the conviction was void.

The contentions were clearly without merit, and the action of the District Court was proper. An indictment’s…