Raymond John Wagner v. United States

This appeal is from the denial, without a hearing, of relief sought under 28 U.S.C. § 2255 .

In a jury trial, appellant had been convicted of armed robbery of a postmaster. 18 U.S.C. § 2114 . Sentenced to a twenty-five year term of confinement, he appealed the judgment of conviction. The judgment was affirmed by our court. Wagner v. United States, 264 F.2d 524 (9th Cir. 1959).

The application which is the subject of this review was filed on October 25, 1965. On November 2,1965, the District Court entered an order denying relief. In making this order the District Court was clearly correct. As grounds for his motion, appellant alleged generally, (1) that evidence produced in his original trial was insufficient to identify him as a participant in the offense, (2) that there was error in the admission of certain evidence, and (3) that there was error in the court’s failure to require production of certain evidence. These same contentions had been presented by appellant and rejected by our court on the direct appeal from the judgment of conviction. Wagner v. United States, supra.

Following the denial of the motion on November 2, 1965, appellant thereafter, on December 20, 1965,…