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  • Percy William Herman v. United States, 227 F.2d 332, 4th Cir. (1955)

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    This document is a court ruling from the United States Court of Appeals for the Fourth Circuit denying a motion to vacate a previous judgment that was affirmed on appeal. The court found that the motion raised no new issues and only questioned matters that could have been raised in the original appeal, not through a motion under 28 U.S.C. § 2255, so it affirmed the lower court's denial of the motion.

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    Filed: 1955-11-09 Precedential Status: Precedential Citations: 227 F.2d 332 Docket: 7089_1

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    This document is a court ruling from the United States Court of Appeals for the Fourth Circuit denying a motion to vacate a previous judgment that was affirmed on appeal. The court found that the motion raised no new issues and only questioned matters that could have been raised in the original appeal, not through a motion under 28 U.S.C. § 2255, so it affirmed the lower court's denial of the motion.

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    8 views1 page

    Percy William Herman v. United States, 227 F.2d 332, 4th Cir. (1955)

    Uploaded by

    Scribd Government Docs
    This document is a court ruling from the United States Court of Appeals for the Fourth Circuit denying a motion to vacate a previous judgment that was affirmed on appeal. The court found that the motion raised no new issues and only questioned matters that could have been raised in the original appeal, not through a motion under 28 U.S.C. § 2255, so it affirmed the lower court's denial of the motion.

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    of 1

    227 F.

    2d 332

    Percy William HERMAN, Appellant,


    v.
    UNITED STATES of America, Appellee.
    No. 7089.

    United States Court of Appeals Fourth Circuit.


    Argued Nov. 7, 1955.
    Decided Nov. 9, 1955.

    Percy William Herman, pro se.


    James R. Moore, First Asst. U.S. Atty., Richmond, Va. (L. S. Parsons, Jr.,
    U.S. Atty., Norfolk, Va., on brief), for appellee.
    Before PARKER, Chief Judge, DOBIE, Circuit Judge, and
    BARKSDALE, District Judge.
    PER CURIAM.

    This is an appeal from an order denying a motion under 28 U.S.C. 2255 to


    vacate and set aside the judgment and sentence of the court below affirmed by
    this court in Herman v. United States, 4 Cir., 220 F.2d 219. The motion raised
    no questions which were not fully considered on the appeal from the judgment
    and sentence. Furthermore, the grounds of the motion were matters which
    could have been presented only by appeal and not by motion under 28 U.S.C.
    2255.

    Affirmed.

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