WILLIAM UPSHAW, APPELLANT,
v.
UNITED STATES OF AMERICA, APPELLEE

D.C. Cir. | 1958-02-27
No. 14194
252 F.2d 863 United States Court of Appeals for the District of Columbia (1958) Positive Treatment
Cited by 2 cases

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Holding

The court held that the sufficiency of evidence is not a proper issue for a § 2255 motion and that the evidence against appellant was sufficient.


Facts & Procedural History

Appellant was convicted of possession of narcotics. His co-defendant's conviction was reversed on direct appeal due to insufficient evidence. Appellan…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal from the denial by the District Court of relief under 28 U.S.C. § 2255. Appellant and a co-defendant were convicted of possession of narcotics under 21 U.S.C.A. § 174.

The conviction of appellant’s co-defendant Collis was reversed by this court on direct appeal because a jury could not have escaped a reasonable doubt as to possession of the narcotics by Collis or his participation in a purchase thereof. See Collis v. United States, 101 U.S.App.D.C. 160, 247 F. 2d 566 (1957).

Appellant Upshaw now contends that the same evidence we held insufficient to go to the jury with respect to Collis is the only evidence against appellant and that his conviction must therefore, of necessity, be reversed. Apart from the fact that such an issue, namely the sufficiency of the evidence, is not properly raised by an application under Section 2255, we would hold that on this record the evidence with respect to this appellant, unlike the evidence-against Collis, is sufficient to sustain the conviction, were we to reach that point.

Affirmed.


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