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UNITED STATES v. KEMP
May 24, 1962
UNITED STATES OF AMERICA, PLAINTIFF,
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
"(1) On or about 19th day of March 1962 petitioner was
unjustly confined by a member of the staff in this
"(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.
"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
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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