Arthur E. Burke v. United States

HICKEY, Circuit Judge.

Appellant Burke filed a petition under 28 U.S.C. § 2255 for habeas corpus relief. The trial court denied relief without a hearing. Burke was convicted by a jury of a violation of the Dyer Act, 18 U.S.C. § 2312 and is serving the sentence imposed. No direct appeal was taken from the conviction.

Immediately prior to his indictment and arraignment on the Dyer Act charge, Burke had been incarcerated by the state court upon a nolo contendere plea to the charge of criminal trespass. During that incarceration he filed a § 2254 petition in the federal court before the same trial…