Barnett v. United States

MEMORANDUM OPINION

NEESE, District Judge.

The movant Mr. John C. Barnett, a prisoner in custody under sentence of this Court, claims the right to be released on the ground,* inter alia, that such sentence is subject to collateral attack, 28 U.S.C. § 2255, because the sole basis of his conviction in criminal action no. 6947, infra (fn.), was perjured testimony, which was knowingly used by the prosecuting authorities in order to obtain such conviction. Mooney v. Holohan (1935), 294 U.S. 103, 110, 55 S.Ct. 340, 79 L.Ed. 791, 793. This issue is purely legal in character, so no evidentiary hearing…