DAVID LEE WILLIAMS, PETITIONER-APPELLANT,
v.
UNITED STATES OF AMERICA, RESPONDENT-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 district court correctly denied the prisoner's motion to vacate sentence without an evidentiary hearing.
Appellant, serving a sentence for interstate transportation of a kidnapped person, challenged the admissibility of evidence obtained from a search of …
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 (Motion To Vacate Sentence) cases and more on FLexlaw
PER CURIAM:
This appeal is taken from an order of the district court denying a federal prisoner’s motion to vacate sentence pursuant to 28 U.S.C.A. § 2255. We affirm.
Appellant is presently serving a 20 year sentence for violating 18 U.S.C.A. App. § 1202(a), interstate transportation of a kidnapped person. His conviction was affirmed on direct appeal. Williams v. United States, 5 Cir., 1968, 391 F. 2d 221.
Appellant alleges that the automobile of his co-defendant was searched without a warrant by police officers and that the search incident to arrest was unreasonable in light of the Fourth Amendment. Thus, the argument goes, certain evidence was inadmissible.
The District Court denied relief without holding an evidentiary hearing. This was correct. We find from the record that the evidence in question was discovered either through the police officers conducting a lawful search incident to an arrest or from a search pursuant to a lawfully issued search warrant. Both searches were lawful. It is unnecessary to reach any question as to standing to object or as to consent to the search without a warrant.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- Williams v. United States, 391 F.2d 221 (5th Cir. 1968)