Emmit Brager v. United States

Emmit Brager contests the dismissal of his § 2255 petition as an abuse of process. The petitioner entered a plea of guilty and was convicted in 1972 of theft from an interstate shipment of freight in violation of 18 U.S.C. § 659. He was sentenced to eight years’ incarceration. In his most recent petition, Brager argues that the sentence is “invalid and unconstitutional” because the petitioner’s uncounseled juvenile “convictions” were considered by the court in determining his sentence in denial of due process. The District Judge dismissed, holding the petitioner was abusing the legal process,…