WILLIAM UPSHAW, APPELLANT,
v.
UNITED STATES OF AMERICA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the sufficiency of evidence is not a proper issue for a § 2255 motion and that the evidence against appellant was sufficient.
Appellant was convicted of possession of narcotics. His co-defendant's conviction was reversed on direct appeal due to insufficient evidence. Appellan…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse 28 U.S.C. § 2255 cases and more on FLexlaw
PER CURIAM.
This is an appeal from the denial by the District Court of relief under 28 U.S.C. § 2255. Appellant and a co-defendant were convicted of possession of narcotics under 21 U.S.C.A. § 174.
The conviction of appellant’s co-defendant Collis was reversed by this court on direct appeal because a jury could not have escaped a reasonable doubt as to possession of the narcotics by Collis or his participation in a purchase thereof. See Collis v. United States, 101 U.S.App.D.C. 160, 247 F. 2d 566 (1957).
Appellant Upshaw now contends that the same evidence we held insufficient to go to the jury with respect to Collis is the only evidence against appellant and that his conviction must therefore, of necessity, be reversed. Apart from the fact that such an issue, namely the sufficiency of the evidence, is not properly raised by an application under Section 2255, we would hold that on this record the evidence with respect to this appellant, unlike the evidence-against Collis, is sufficient to sustain the conviction, were we to reach that point.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Moon v. United States, 422 F.2d 692 (D.C. Cir. 1969)
Authorities Cited
- Collis v. United States, 247 F.2d 566 (D.C. Cir. 1957)