Davis v. United States

LARKINS, District Judge:

SUMMARY

This cause arises on a motion to vacate a sentence within the provisions of 28 U.S.C.A. § 2255 and is filed in forma pauperis. The Government has filed a reply and the petitioner has submitted a further pleading entitled, “Traverse: Upon Motion to Vacate Sentence”.

This motion is the third this petitioner has filed under § 2255 since his incarceration in October 1961. His last one was denied in February 1964. The ground upon which this present motion is bottomed is set out on page 7 of the petition, as follows:

“Petitioner contends that the instant indictment…