John Thomas Fitts v. J. T. Willingham, Warden, United States Penitentiary, Leavenworth, Kansas

HILL, Circuit Judge.

Appellant was tried and convicted in the District of Kansas under 18 U.S.C.A. § 2312, commonly known as the Dyer Act. Ah appeal followed and this court affirmed the conviction. 1 Thereafter, he filed a petition for a writ of habeas corpus in the same court, which the court considered as a motion under 28 U.S.C.A. § 2255. On the basis of the pleadings, files and records of the case the same was dismissed.

Fitts was arrested by city policemen in Wichita, Kansas, after he was observed by them changing license tags on an automobile. As an incident to the arrest the officers…