326 F2d 972 United States v. Kiter
326 F.2d 972
UNITED STATES of America
Henry KITER, Jr., Appellant.
United States Court of Appeals Third Circuit.
Submitted January 6, 1964.
Decided January 22, 1964.
Rehearing Denied March 6, 1964.
Appeal from the United States District Court for the Western District of Pennsylvania. Edward Dumbauld, Judge.
Henry Kiter, Jr., pro se.
Gustave Diamond, U. S. Atty., Pittsburgh, Pa. (W. Wendell Stanton, Asst. U. S. Atty., Pittsburgh, Pa., on the brief), for appellee.
Before STALEY, HASTIE and SMITH, Circuit Judges.
The points raised in this petition for extraordinary relief under section 2255 of Title 28 United States Code were not raised, but could and should have been raised, by direct appeal from the petitioner's conviction. In the light of that omission no sufficient reason appears for considering them now.
The judgment will be affirmed.