Stanley S. X. Ward v. United States

This is an appeal from a denial of a § 2255 motion to vacate judgment of conviction under 18 U.S.C.A. § 1792 for conveying within a United States penitentiary a destructive device designed to kill. United States v. Matthews, 5 Cir., 1972, 460 F.2d 275.

The District Court properly-concluded that appellant waived his right to challenge the racial composition of the grand jury which indicted him in accordance with F.R.Civ.P. 12(b) by failing to raise the issue by motion before trial. See, Jury Selection and Service Act of 1968, 28 U.S.C.A. § 1867. The District Court also properly determined that…