Summary
In Nemec v. United States, supra, 184 F.2d 355, where a motion under 28 U.S.C. § 2255 to vacate a judgment of conviction was presented to the trial court while a petition for writ of certiorari was pending in the Supreme Court, the Court of Appeals for this circuit held that the trial court properly denied the motion, "in view of the pendency of the petition".
Summary of this case from United States v. KobeyOpinion
No. 12560.
September 13, 1950.
F.E. Nemec, in pro per.
Harvey Erickson, U.S. Atty., Frank R. Freeman, Asst. U.S. Atty., Spokane, Wash., for appellee.
Before MATHEWS, HEALY and POPE, Circuit Judges.
In the District Court, F.E. Nemec and others were indicted in five counts. Nemec was tried and found guilty as charged in counts 1, 2, 4 and 5. Thereupon a judgment was entered sentencing him to be imprisoned for terms aggregating four years. On appeal, the judgment was affirmed. Nemec v. United States, 9 Cir., 178 F.2d 656. Nemec then petitioned the Supreme Court for a writ of certiorari. While the petition was pending, he moved the District Court to vacate the judgment. From an order denying the motion he has appealed. We think that, in view of the pendency of the petition, the motion was properly denied.
Order affirmed.