Johnson v. United States

STRUM, Circuit Judge.

Appellant was convicted in the Southern District of Florida of transporting in foreign commerce jewelry of the value of more than $5,000, with knowledge that it had been stolen, converted or taken by fraud, contrary to 18 U.S.C.A. § 2314. The conviction was here affirmed. 207 F.2d 314.

Appellant then filed a motion in the trial court,, pursuant to 28 U.S.C.A. § 2255, to vacate as illegal, the sentence imposed upon him, which motion was denied. This was followed by a second motion to vacate sentence, based upon the grounds (1) that the trial court failed to charge the jury…