Andrew J. Leonard v. United States

Andrew J. Leonard, having been convicted and sentenced for interstate transportation of stolen securities in violation of 18 U.S.C. § 2314 (1964), applied under 28 U.S.C. § 2255 (1964), to set aside the sentence. The district court denied the application without hearing and this proper. appeal followed.

In the district court Leonard advanced several reasons why his application should be granted. On this appeal, however, he relies upon only one of these grounds in asserting that the district court erred in denying his application.

The ground now relied upon, including the allegations of fact related thereto, may be stated as follows: Leonard was placed under arrest on a false charge of “jumping bail,” the arrest being accomplished by a Federal Treasury Agent who had neither a warrant nor probable cause for such arrest, and who effectuated the arrest by means of an unlawful intrusion into Leonard’s apartment; that these circumstances rendered Leonard’s arrest and subsequent detention unlawful; and that incriminating statements obtained from him during such subsequent detention were therefore illegally obtained and, accordingly, the admission of such statements into evidence at the…