Richard P. Jack v. United States

The appeal in this proceeding under 28 U.S.C. § 2255 is subject to dismissal because appellant also has pending before another panel of this court a direct appeal from the conviction and sentence here under attack. Jack v. United States, Docket No. 23,541, submitted on November 11, 1970. Except under most unusual circumstances,' not here present, no defendant in a federal criminal prosecution is entitled to have a direct appeal and a section 2255 proceeding considered simultaneously in an effort to overturn the conviction and sentence. However, we elect to deal with this appeal on the merits.

On March 23, 1966, following proceedings which extended over several years and which are not relevant here, Richard P. Jack was convicted, on a jury verdict, under counts one and three of a four-count indictment charging narcotics offenses. The offenses occurred in July and November, 1961. On “ March 31, 1966, concurrent sentences of imprisonment for twenty years were entered.

Jack appealed. As to his conviction on count one, he contended that it was error to receive evidence of a conversation transmitted to a state narcotics agent by means of a Fargo device concealed on an informer who was…