Churder v. United States

*1160MEMORANDUM OPINION AND ORDER

HARPER, Chief Judge.

Petitioner, presently confined in. the federal penitentiary at Leavenworth, Kansas, has filed a motion pursuant to 28 U.S.C.A. § 2255 and seeks leave to proceed in forma pauperis. Leave to proceed in forma pauperis is granted.

In January, 1967, petitioner was sentenced to a term of eight years upon a jury verdict of guilty on an indictment charging a violation of 18 U.S.C.A. § 641. His conviction was affirmed by the Eighth Circuit, Churder v. United States, 387 F.2d 825 (8 Cir. 1968). Petitioner sought post-conviction relief under 28 U.S.C.A. §…