Charles Layton Cox v. United States

Cox filed a petition under 28 U.S.C. § 2255 , challenging his conviction in the District Court of having unlawfully transported a stolen vehicle in interstate commerce. 18 U.S.C. § 2312 . The judgment of conviction followed a plea of guilty to the charged offense, and Cox was represented by counsel at the time he entered his plea.

In his section 2255 petition, Cox alleged that the warrant for his arrest was defective, that he was not adequately advised of his rights at the time of his arrest or at the time of his initial appearance before a United States Commissioner, that he was “kept wholly and totally incommunicado from the time of arrest until time of confession,” and that he was “interrogated 10 hours a day for two consecutive days by Clark County Deputy Sheriffs and F.B.I. agents before [he] finally confessed to what they wanted to hear.” Cox also alleged that the indictment against him was defective in several respects. The District Court denied the petition without conducting an evidentiary hearing.

By entering his plea of guilty, Cox waived any prior procedural irregularities, including whatever defects may have existed in the indictment. He did not allege that his…