Peter Joseph Kelly v. United States

In October 1963, appellant was convicted of violating 18 U.S.C.A. § 2312. No appeal was taken. Appellant now seeks to collaterally attack that conviction by way of a proceeding under 28 U.S.C.A. § 2255. The errors assigned concern the admissibility of certain evidence, and whether the proof of intent was sufficient. These should have been assigned and considered on direct appeal. Larson v. United States, 5 Cir., 1960, 275 F.2d 673, cert. den., 363 U.S. 849, 80 S.Ct. 1627, 4 L.Ed.2d 1732, rehearing den., 364 U.S. 858, 81 S.Ct. 38, 5 L.Ed.2d 44. Thus the District Court properly denied relief.

The…