Legal Opinion
Nace v. United States
District Court, D. Minnesota
Decided March 14, 1964No. Civ. No. 5-64-25PublishedCited by 4 opinions
1Opinion of the Court
DONOVAN, District Judge.
A motion has been made by petitioner pursuant to Title 28 United States Code Annotated § 2255, for an “arrest of judgment.” Petitioner entered a plea of guilty on October 4, 1963, to an indictment charging him with the crime of escape from federal custody.
Petitioner claims that the conviction is invalid for the following reasons:(a) The indictment was so vague that petitioner was unable to know the *529charge against him or prepare a defense ;(b) The indictment was based upon false evidence because the facts show that petitioner did not escape from custody.
At the…
2Cases cited3 opinions
- Giles v. United StatesCourt of Appeals for the Ninth Circuit · 1946
- Forrest Silva Tucker v. United StatesCourt of Appeals for the Ninth Circuit · 1958
- McDonald v. HumphreyCourt of Appeals for the Eighth Circuit · 1948
3Cited by4 opinions
- United States v. Alvin Odell CluckCourt of Appeals for the Eighth Circuit · 1976
- Gerald Leroy Read v. United States of America, Richard Leroy Wold v. United StatesCourt of Appeals for the Tenth Circuit · 1966
- State v. ByrnesSupreme Court of Iowa · 1967
- Young v. Director, U. S. Bureau of PrisonsDistrict Court, M.D. Pennsylvania · 1967