Truman Adonis Williams v. United States

The issue on this appeal is the validity of orders emanating from the United States District Court for the District of Montana, entered June 4, 1968 and July 2, 1968, denying appellant’s motion under 28 U.S.C. § 2255 to vacate and set aside his sentence and judgment. Our appellate jurisdiction depends upon 28 U.S.C. §§ 1291 and 1294.

Appellant, who has been in this court previously ( 381 F.2d 382 (1967) ; 399 F.2d 492 (1968); and 411 F.2d 1183 (1969)), raises several distinct constitutional issues by way of his “2255 motion.” With the exception of his challenge to the constitutionality of the statute under which he was convicted ( 15 U.S.C. § 902 (e)), all of these issues have been previously considered on the merits and determined against him.

Sanders v. United States, 373 U.S. 1, 15 , 83 S.Ct. 1068, 1077 , 10 L.Ed. 2d 148 (1963) gives us guidelines for exercising the discretion afforded by § 2255 when we entertain “second or successive motion [s] for similar relief.” We approve the lower court’s refusal to redetermine these previously-decided issues.

Three theories are advanced by appellant urging the lack of constitutionality of 15 U.S.C. § 902 (e). Section 902(e) provided…