Phillip Daniels v. United States

MATHEWS, Circuit Judge.

This appeal is from an order of the District Court for the Territory of Alaska, 1 Third Division, denying a motion of appellant, Phillip Daniels, filed in the District Court on September 29, 1956. The motion was purportedly based on 28 U.S.C.A. § 2255, the pertinent provisions of which are as follows:

“A prisoner in custody under sentence of a court established by Act of Congress claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to…