Charles Robert O'Malley v. United States
Court of Appeals for the Sixth Circuit
1Opinion of the Court
SHACKELFORD MILLER, Jr., Circuit Judge.
Appellant filed motion in the District Court under the provisions of Section 2255, Title 28 U.S.Code, to vacate a judgment and sentence of twenty-five years under an indictment charging him with the offense of bank robbery, Section 2113, Title 18 U.S.Code.
The allegations challenging the weight of the evidence cannot be considered in this collateral attack upon the judgment, in that they were properly reviewable by an appeal, which appellant did not prosecute. Whiting v. United States, 6 Cir., 196 F.2d 619.
Nor can we consider the allegation that the…
2Cases cited23 opinions
- Price v. JohnstonSupreme Court of the United States · 1948
- United States v. HaymanSupreme Court of the United States · 1952
- Roosevelt Mitchell v. United StatesCourt of Appeals for the D.C. Circuit · 1958
- Diggs v. WelchCourt of Appeals for the D.C. Circuit · 1945
- Alphonzo Edwards v. United StatesCourt of Appeals for the D.C. Circuit · 1958
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