(concurring) .
The appeal of Harris from the denial of his fifth motion, under 28 U.S.C.A. § 2255, for the vacation of his sentence, in my opinion presents nothing for review by this Court. We have consistently held that, in a case such as this, the sufficiency of the information or indictment is not subject to collateral attack by motion to vacate sentence. In Keto v. United States, 8 Cir., 189 F.2d 247, we had a situation where the defendant entered a plea of guilty to a defective information, with full knowledge of the offense intended to be charged. We said, on page 252 of 189 F.2d: “The information was not subject to collateral attack on motion to vacate the sentence.” To the same effect are the following cases: Rowley v. United States, 8 Cir., 191 F.2d 949, 951; Barnes v. United States, 8 Cir., 197 F.2d 271, 273; Collins v. United States, 8 Cir., 211 F.2d 789, 790; Alm v. United States, 8 Cir., 238 F.2d 604, 605; Woodring v. United States, 8 Cir., 248 F.2d 166, 169. See, also, United States v. Hoyland, 7 Cir., 264 F.2d 346, 352 and cases cited.
I do not disagree with anything Judge VAN OOSTERHOUT has said about the sufficiency of the information, but I think that question is not before us. I concur in the affirmance of the order appealed from, since I regard the sentence of Harris as. invulnerable to attack.