Thomas William Taylor v. United States

Thomas W. Taylor appeals from a denial of relief, which he sought by motion under 28 U.S.C. § 2255 , from his conviction for armed bank robbery and kidnapping incident thereto, 18 U.S.C. § 2113 (a) (d) and (e). Sentence was imposed on November 1, 1968. He was granted leave to appeal in forma pauper-is and did so, but about a month later notified this court that he wished to withdraw his appeal; his counsel concurred in the request. On January 20, 1969, this court ordered the appeal dismissed.

More than two years after his conviction, this Section 2255 petition was filed, based upon a claim of wrongful admission of evidence. The evidence introduced was alleged to have been obtained in an illegal search and seizure. This question was raised prior to trial by a motion to suppress, and after an evidentiary hearing, the motion was denied.

The trial court, in a written memorandum and order, stated that although the arrest warrant was deficient, the arrest itself was based upon probable cause that a felony had been committed, and that Taylor had committed that felony. Therefore his arrest was lawful, Travis v. United States, 362 F.2d 477 (9th Cir.), cert. denied, 385 U.S. 885 , 87…