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UNITED STATES v. KEMP

May 24, 1962

UNITED STATES OF AMERICA, PLAINTIFF,
v.
DOUGLAS EUGENE KEMP, DEFENDANT.



The opinion of the court was delivered by: John E. Miller, Chief Judge.

On May 19, 1962, the Judge of this court received a communication from the defendant in which he stated that he desired to file, under Title 18(28) U.S.C. § 2255, as forma pauperis a petition for writ of habeas corpus, upon the following grounds:

    "(1) On or about 19th day of March 1962 petitioner was
  unjustly confined by a member of the staff in this
  institution.
    "(2) On the 7th, 9th, 13th day of April 1962 petitioner was
  slander [slandered] for no known reason to petitioner.
    "(3) On or about the 15th day of April 1962 petitioner was
  again unjustly confined because of pruejuiness [prejudice].
    "(4) On this date 7th day of May petitioner was again slander
  [slandered] and unjustly confined.
    "(There have been many threats to petitioner if he was to
  file this writ. Petitioner has wittiness to everything said).

"(5) Theif [theft] of a legal papper [paper].

    "Petitioner respectfully prays that the hounorable and just
  court will see fit to aknowlege this as a petition for writ
  of habeas corpus."

Upon receipt of the letter the court directed the Clerk to file the same without prepayment of costs as a petition for a writ of habeas corpus.

It is apparent that the defendant intended to file a petition under 28 U.S.C. § 2255, although he stated that it was being filed under 18 U.S.C. § 2255.

Sec. 2255 provides:

    "A prisoner in custody under sentence of a court established
  by Act of Congress claiming the right to be released upon the
  ground that the sentence was imposed in violation of the
  Constitution or laws of the United States, or that the court
  was without jurisdiction to impose such sentence, or that the
  sentence was in excess of the maximum authorized by law, or
  is otherwise subject to collateral attack, may move the court
  which imposed the sentence to vacate, set aside or correct
  the sentence."

On May 9, 1960, the defendant appeared before the court upon a charge of juvenile delinquency. He advised the court that he did not desire the assistance of counsel, and consented in writing to be prosecuted as a juvenile. Accordingly information was filed charging:

    "That on or about May 2, 1960, in the Western District of
  Arkansas, Douglas Eugene Kemp, a juvenile under the age of 18
  years, violated the terms of the Federal Juvenile Delinquency
  Act in that he did unlawfully forge the name of the payee on
  a certain Treasury check, to-wit: U.S. Treasury check No.
  8,572,121, dated April 30, 1960, at St. Louis, Missouri,
  payable to C. C. Kemp, Lowrey Lane, Rt. 3, Box 23C, Hot
  Springs, Arkansas, for $157.20, drawn by E. L. Hlinski under
  symbol 9008; and did utter said check ...

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