Opinion
No. 14672.
Submitted November 24, 1958.
Decided December 11, 1958. Petition for Rehearing In Banc Denied January 23, 1959.
Appellant filed a brief pro se, and his case was treated as submitted thereon.
Mr. Edward C. O'Connell, Asst. U.S. Atty., Washington, D.C., with whom Messrs. Oliver Gasch, U.S. Atty., and Carl W. Belcher, Asst. U.S. Atty., Washington, D.C., were on the brief, for appellee.
Before FAHY, WASHINGTON and BASTIAN, Circuit Judges.
This is an appeal from the denial of a motion filed pursuant to 28 U.S.C. § 2255, alleging that the prosecution knowingly used perjured testimony, that appellant did not have effective assistance of counsel, and that the trial judge lost jurisdiction to proceed to judgment because of erroneous rulings. The District Court held that the files and records in the case conclusively showed that the defendant was entitled to no relief, and that certain of the claimed errors could only be raised by direct appeal.
As to the alleged use of perjured testimony, the record showed, at most, inconsistencies in the testimony in question.
On the materials before us, we find no error affecting substantial rights. Cf. Wilkins v. United States, 1955, 97 U.S. App.D.C. 66, 228 F.2d 37.
Affirmed.