Sammy Gene Kirk v. United States

KINNEARY, District Judge.

Sammy Gene Kirk appeals from an order of the district court denying his “petition for redress” wherein he sought the convening of a three judge court to consider the constitutionality of Title 18, United States Code, Section 2114. The district court treated the “petition for redress” as a motion to vacate sentence under the provisions of Title 28, United States Code, Section 2255. The district court denied petitioner’s request to convene a three judge court for the reason that no substantial federal constitutional question was raised concerning the constitutionality…