From Casetext: Smarter Legal Research

Noonan v. United States

United States Court of Appeals, Sixth Circuit
Dec 19, 1958
262 F.2d 585 (6th Cir. 1958)

Opinion

No. 13604.

December 19, 1958.

Jacob K. Stein, Cincinnati, Ohio, for appellant.

Hugh K. Martin, and Loren G. Windom, U.S. Attys., Columbus, Ohio, for appellee.

Before SIMONS, MARTIN and MILLER, Circuit Judges.


This cause came on to be heard on appeal from an order denying appellant's motion to vacate sentence of thirty years' imprisonment: of which twenty-five years was on a kidnaping count and five years on a count charging transportation in interstate commerce of a stolen vehicle in violation of the Dyer Act, 18 U.S.C. § 2311 et seq. This sentence was reduced to twenty-five years by the United States District Judge, who made the two sentences run concurrently.

Counsel for appellant presented ably and vigorously the alleged grounds for vacation of sentence, none of which, after full consideration of the oral arguments, briefs and the record in the case, is in our opinion valid. Questions presented by appellant here were those which could have been raised, or were raised, during the trial of the case, following which no appeal was taken; and these questions will not be reviewed by this court in a proceeding under section 2255, Title 28 United States Code.

Accordingly, the judgment of the district court denying appellant's motion to vacate sentence is affirmed.


Summaries of

Noonan v. United States

United States Court of Appeals, Sixth Circuit
Dec 19, 1958
262 F.2d 585 (6th Cir. 1958)
Case details for

Noonan v. United States

Case Details

Full title:Charles Frederick NOONAN, Appellant, v. UNITED STATES of America, Appellee

Court:United States Court of Appeals, Sixth Circuit

Date published: Dec 19, 1958

Citations

262 F.2d 585 (6th Cir. 1958)

Citing Cases

Weinberger v. U.S.

Issues that Petitioner failed to raise before the trial court or on direct appeal will be considered waived,…