Barker v. United States

HOLMES, Circuit Judge.

This is an appeal from an order of the court below, denying appellant’s motion under Section 2255, New Title 28 of the United' States Code Annotated, to vacate a sentence of five years, which had been given him for violating the Fugitive Felon Act, 18 U.S.C.A. § 408e, now Section 1073, Title 18 U.S.C.A.

The facts that resulted in the conviction, and on which appellant is seeking to have the sentence vacated, are as follows: The petitioner and Houston Hubert Barker were charged by indictment with having traveled from Leakey, Texas, within the San Antonio Division of the…