Weldon Burris v. United States

CUMMINGS, Circuit Judge.

In 1966, petitioner was convicted on three counts of an indictment charging him with possession of heroin in violation of 21 U.S.C. § 174. 1 On appeal, his conviction was affirmed. United States v. Burris, 393 F.2d 81 (7th Cir. 1968).

Pursuant to 28 U.S.C. § 2255, Burris filed a motion to vacate his sentence. This motion was assigned to the same judge who had sentenced him. The pertinent factual grounds of the petition presented on this appeal are as follows:

“4. The petitioner would further show that the trial judge deprived the petitioner of a fair and impartial jury…