Finn

The defendants in United States v. George C. Finn and Charles C. Finn, Criminal No. 23,368, Southern District of California, move to vacate their sentences under Section 2255 of Title 28 of the United States Code. The only ground stated in the motion is: “That the claim which the United States District Attorney was representing was without validity or substance and that the offense of these defendants was no more than technical at the most”.

An application under Section 2255 raises only jurisdictionál or constitutional questions. It is coextensive with the jurisdiction of the court passing on an application for a writ of habeas corpus.

There are no grounds stated in the motion which in any way raise any constitutional or jurisdictional questions. The petition inferentially states that their conviction was a miscarriage of justice.

The defendants’ guilt, beyond any reasonable doubt, has been established by the entire judicial process. A jury of twelve fellow citizens found the defendants guilty. I, as the trial judge, denied their motion for a new trial. Three Judges of the Circuit Court of Appeals affirmed their conviction. The nine Justices of the Supreme Court unanimously…