United States of America v. John Lester at State Correctional Institution, Graterford, Petitioner — David N. Myers, Supt., Corr. Inst. at Graterford, Pennsylvania, Custodian.john Lester, Appellant, 399 F.2d 161 (3d Cir. 1968)Annotate this Case
Decided June 25, 1968
Appeal from the United States District Court for the Eastern District of Pennsylvania; C. William Kraft, Jr., Judge.
John Lester, pro se.
Robert S. Blank, Asst. U. S. Atty., Drew J. T. O'Keefe, U. S. Atty., Philadelphia, Pa, for appellee.
Before HASTIE, Chief Judge, and KALODNER and STALEY, Circuit Judges.
OPINION OF THE COURT
This is a collateral attack under section 2255 of title 28, United States Code, by a federal prisoner upon the conviction pursuant to which he is now confined.
For the reasons stated in the opinion of the district court, 287 F. Supp. 870, we rule that the present claim that the indictment upon which the accused was tried was fatally defective is without merit.
The judgment will be affirmed.