United States v. McGee

PARKINSON, District Judge.

This is a criminal proceeding wherein the defendant has filed a motion to vacate sentence under 28 U.S.C.A. § 2255. The Government filed answer alleging that the defendant’s motion fails to allege any facts upon which relief could be granted and that the files and records of the case conclusively show that the defendant is entitled to no relief. Upon the issue thus presented the proceedings to vacate were submitted to the court.

The motion alleges that the court was without jurisdiction to impose sentence and the defendant’s constitutional rights were infringed upon…