United States of America v. Henry Kiter, Jr., Appellant, 326 F.2d 972 (3d Cir. 1964)

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US Court of Appeals for the Third Circuit - 326 F.2d 972 (3d Cir. 1964) Submitted January 6, 1964
Decided January 22, 1964
Rehearing Denied March 6, 1964

Appeal from the United States District Court for the Western District of Pennsylvania. Edward Dumbauld, Judge.

Henry Kiter, Jr., pro se.

Gustave Diamond, U. S. Atty., Pittsburgh, Pa. (W. Wendell Stanton, Asst. U. S. Atty., Pittsburgh, Pa., on the brief), for appellee.

Before STALEY, HASTIE and SMITH, Circuit Judges.


The points raised in this petition for extraordinary relief under section 2255 of Title 28 United States Code were not raised, but could and should have been raised, by direct appeal from the petitioner's conviction. In the light of that omission no sufficient reason appears for considering them now.

The judgment will be affirmed.