Raul Estrada v. United States

Petitioner, Raul Estrada, seeks leave to proceed on appeal in forma pauperis from the decision of the District Court dismissing his motion to vacate sentence pursuant to 28 U.S.C. § 2255 for failure to state a claim. We have reviewed the record of proceedings in the District Court and the papers filed by the petitioner in this Court and find the allegations of error to be without merit. However, we are of the view that petitioner’s allegation that his waiver of his right to a jury trial was invalid, although not requiring reversal, deserves further comment.

The petitioner was convicted for the…