Richard E. Walsh v. United States

Appellant appeals from a series of orders and actions of the District Court which are specified in the notice of appeal, as follows:

1) The action taken by said Court on August 14, 1964, in failing to consider the Petition for Writ of Prohibition filed by the defendant herein;

2) The action taken by said Court on August 14, 1964, in denying the defendant’s Petition for Declaratory Judgment;

3) The action taken by said Court on August 14, 1964, in considering the defendant’s Petition to Vacate Judgment pursuant to Title 28, § 2243 U.S.C., as a motion to vacate, set aside or correct prisoner’s sentence under Title 28 U.S.C. § 2255 , and then denying said motion;

4) The Order of the Court on August 14, 1964, sentencing the defendant to twenty years imprisonment;

5) The Order of said Court filed December 16, 1964, wherein the Court modified the sentence pronounced on May 4, 1962, so as to sentence defendant to twenty years imprisonment.

In order to place in focus the problems presented by this appeal, it is necessary to review in more detail the proceedings occurring in the District Court leading up to the appeal.

On April 9, 1962, appellant was convicted in the District Court…