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MOORE v. UNITED STATES

Nos. 13739, 13740.

249 F.2d 504 (1957)

James A. MOORE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided October 24, 1957.

Attorney(s) appearing for the Case

Mr. Joseph Sitnick, Washington, D. C. (appointed by the District Court), for appellant.

Mr. Nathan J. Paulson, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., Lewis Carroll and Joel D. Blackwell, Asst. U. S. Attys., were on the brief, for appellee.

Before EDGERTON, Chief Judge, and WASHINGTON and BASTIAN, Circuit Judges.

PER CURIAM.

These are appeals from a denial of a motion to vacate sentences under 28 U.S.C. § 2255 (1952). We find no error affecting substantial rights. The allegations in the petition, even taking them to be true, would not justify the relief requested; in such a case, denial without a hearing is proper. See Adams v. United States, 1955, 95 U.S.App.D.C. 354, 222 F.2d 45; White v. United States, 1956, 98 U.S.App.D.C. 274,

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