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205 F.2d 516

Docket No. 14434.

Davis v. United States

Fifth Circuit Court of Appeals

Decided June 26, 1953.

Fifth Circuit Court of Appeals · decided 1953-06-26

2 counsel of record

Key passage — most relied on by later courts

““Here, while urging upon us, as he urged below, that he was entrapped and, as he did there, his general claims that his conviction violated due process, he urges nothing which presents any valid reason for granting the motion. “In addition to the fact that he cannot use a section 2255 motion to retry his case, the record shows that he was represented below by counsel and that the defense of entrapment, which he now seeks to present, was fully presented and fairly charged on the trial.””

quoted by 1 later decision, including Simmons v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1953-06-26

How this case has been cited

Cited by 15 later decisions — most recently October 1971

13 federal appellate · 1 district ·

80195319601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Walter Adams Davis, in pro. per.

¶2Lester L. May, Asst. U. S. Atty., Dallas, Tex., Frank B. Potter, U. S. Atty., Fort Worth, Tex., for appellee.

¶3Before HUTCHESON, Chief Judge, and RUSSELL and STRUM, Circuit Judges.

¶4PER CURIAM.

¶5Appellant' was convicted on his plea of not guilty, in Criminal No. 12966 in the United States District Court for the Northern District of Texas, of having unlawfully transferred marihuana in violation of Marihuana Tax Act of 1937, section 2591 (a), Title 26 U.S.C., and, on February 21, 1952, sentenced to serve six years. .

¶6He did not appeal from that judgment, but in July, 1952, filed in that cause a motion, under section 2255, Title 28 U.S.C. to vacate the judgment. In it, in addition to general claims that the indictment and conviction were invalid, claims unsupported by any specific reason having any kind of validity, appellant put forward as his chief reliance the claim that his conviction was the result of entrapment.

¶7The district judge, finding that there was no sufficient legal basis for the motion, denied it, and this appeal resulted.

¶8Here, while urging upon us, as he urged below, that he was entrapped and, as he did there, his general claims that his conviction violated due process, he urges nothing which presents any valid reason for granting the motion.

¶9In addition to the fact that he cannot use a section 2255 motion to retry his case, the record shows that he was represented below 'by counsel and that the defense of entrapment, which he now seeks to present, was fully presented and fairly charged on the trial.

¶10*517The other matters which, by a kind of general complaint against his lot, he seeks to urge as reasons for setting the judgment aside, are in general not sufficiently specific and definite, and to the extent that they are, they present no valid reasons for granting his motion. Neither does a search of the record present any.

¶11The judgment denying the motion is affirmed.

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