Alphonse Warren v. United States

VOGEL, Circuit Judge.

This is an appeal from the denial of a motion to vacate sentence under § 2255, Title 28 U.S.C.A., in which the appellant claims an unlawful arrest and the use at the trial of evidence obtained through the resulting illegal search and seizure. The District Court’s denial was predicated upon the grounds that the questions raised were determinable only upon appeal from the Judgment of conviction and could not be raised under § 2255. Appellant appears here pro se.

On January 9,1958, a five-count indictment was returned against the appellant charging him with narcotic…