Floyd Ray Gearing v. United States

This appeal is taken from an order of the District Court denying the motion of a federal convict to vacate sentence pursuant to 28 U.S..C. § 2255. We affirm.

Appellant is presently serving a ten year sentence for unlawful transportation of a falsely made security in interstate commerce, a violation of 18 U.S.C. § 2314. He was convicted on his plea of guilty, having waived counsel and trial by jury.

Appellant now contends that the indictment under which he was convicted was deficient in that (1) it failed to allege an unlawful and fraudulent intent and (2) it alleged that the money order was…