Dykes Askew Simmons, Jr. v. United States

BRATTON, Chief Judge.

The indictment in this case charged that Dykes Askew Simmons, Jr., transported a stolen automobile in interstate commerce knowing it to have been stolen. The jury found the accused guilty and the court sentenced him to imprisonment. A motion was filed pursuant to the provisions of 28 U.S.C. § 2255 to vá-nate and set aside the judgment and sentence. The motion was denied and the appeal is from that action.

Section 2255, supra, provides in substance that a prisoner in custody under sentence of a court claiming the right to be released upon the ground that the sentence was…