William Keith Flint v. United States

Flint appeals from the denial by the district court without hearing of his petition to vacate his sentence under 28 U.S.C. § 2255 . We affirm.

Flint was indicted on six counts involving theft from the mails and forged indorsement of several U.S. Treasury checks. He entered a guilty plea on one count of the indictment charging possession of stolen mail matter in violation of 18 U.S.C. § 1708 . The other counts of the indictment were dismissed. The district court’s order of judgment and commitment correctly recited that Flint had entered a guilty plea on this particular count but erroneously recited that he had also pleaded guilty on another count involving violation of 18 U.S.C. § 495 (forgery of U.S. Treasury check).

In his § 2255 petition filed in the district court, appellant’s only ground for challenging the judgment and sentence dealt with the error referred to above. In response to the petition, the district court entered an amended judgment and commitment order which properly reflected that appellant had entered his guilty plea as to only one count. The petition was thereafter dismissed without hearing.

It is thus clear that the sole error urged in his petition has now…