EMEARY MORELAND, JR., APPELLANT,
v.
UNITED STATES OF AMERICA, APPELLEE
[*377] PER CURIAM.
The appellant Moreland was convicted in the United States District Court for the District of Colorado of the crime of armed robbery, in violation of 18 U. S.C. § 2114. His conviction was affirmed. Moreland v. United States, 10 Cir., 270 F. 2d 887. This proceeding under 28 U.S.C. § 2255 attacks the judgment and sentence on the ground that Moreland’s arrest by state officers without a warrant was in violation of his constitutional rights. We find no error in the trial court’s dismissal of the petition without a hearing.
An illegal arrest without more does not void a conviction and is not grounds for collateral attack under Section 2255. Tanner v. United States, 10 Cir., 296 F. 2d 218; Roddy v. United States, 10 Cir. 296 F. 2d 9; Klink v. Looney, 10 Cir., 262 F. 2d 119; Whitney V. Zerbst, 10 Cir., 62 F. 2d 970.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
United States v. Turner, 442 F.2d 1146 (8th Cir. 1971)
-
Hayes v. United States, 419 F.2d 1364 (10th Cir. 1969)
-
Runge v. United States, 427 F.2d 122 (10th Cir. 1970)
Authorities Cited
- Whitney v. Zerbst, 62 F.2d 970 (10th Cir. 1933)
- Roddy v. United States, 296 F.2d 9 (10th Cir. 1961)
- Emeary Moreland, Jr. v. United States, 270 F.2d 887 (10th Cir. 1959)
- Lowry Newton Klink v. Looney, 262 F.2d 119 (10th Cir. 1958)
- Namon Tanner v. United States, 296 F.2d 218 (10th Cir. 1961)