Charles Edward Payne v. United States

AINSWORTH, Circuit Judge:

Charles Edward Payne was convicted of two counts of possessing stolen property of a value exceeding one hundred dollars; in violation of 18 U.S.C. § 659. The first count dealt with Haggar slacks; the second count with a Philco television. He was sentenced to seven years for each count to run concurrently, and his conviction was affirmed. See 467 F.2d 828 (1972), cert. denied, 410 U.S. 912, 93 S.Ct. 975, 35 L.Ed.2d 275 (1973).

His present suit, based on 28 U.S.C. § 2255, alleges three principal grounds of error: (1) that the affidavit which formed the basis of the…