Mason W. White v. United States

BASTIAN, Circuit Judge.

Appellant was indicted, tried and convicted on two counts of an indictment charging assault with intent to commit carnal knowledge and assault with a dangerous weapon. On May 7, 1954, he was duly sentenced and a motion to modify sentence denied on June 18, 1954. Thereafter, on August 24, 1955, appellant filed a motion under 28 U.S.C. § 2255, claiming that the judgment should be set aside for denial of constitutional rights, it being urged that the conviction was the direct result of an unlawful and unreasonable search and seizure.

The record discloses that, in his § 2255…