James Bauer Tolan v. United States

Appellant appeals from an order of the District Court dated December 4, 1967, denying his motion filed September 29, 1967, for relief pursuant to 28 U.S.C. § 2255 , and from an order dated January 8, 1968, denying his motion to vacate and set aside the order of December 4, 1967.

Appellant is confined in the Federal Penitentiary [McNeil Island Penitentiary] , located at Steilacoom, in the State of Washington, under a judgment of conviction following a jury trial in the District Court of Guam, on a charge of stealing personal property of a value in excess of $50.00 belonging to an electrical contracting firm, but located on land within the special maritime and territorial jurisdiction of the United States ( 18 U.S.C. § 7 ).

On appeal to this court the judgment of conviction was affirmed. Tolan v. United States, 370 F.2d 799 , cert. denied 387 U.S. 932 , 87 S.Ct. 2052 , 18 L.Ed.2d 994 (1967).

In the pro per motion under 28 U.S.C. § 2255 , appellant’s basic allegation is that he was denied, at and during the trial resulting in his conviction, the effective assistance of counsel guaranteed to him under the Sixth Amendment of the Constitution of the United States, thereby reducing…