UNITED STATES v. LYONS

No. 389, Docket 24857.

256 F.2d 749 (1958)

UNITED STATES of America, Plaintiff-Appellee, v. Harold LYONS, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided July 21, 1958.


Attorney(s) appearing for the Case

Donald H. Shaw, Asst. U. S. Atty., S.D.N.Y., New York City (Paul W. Williams, U. S. Atty., and John C. Lankenau, Asst. U. S. Atty., New York City, on the brief), for plaintiff-appellee.

Harold Lyons, pro se.

Before CLARK, Chief Judge, MOORE, Circuit Judge, and RYAN, District Judge.


PER CURIAM.

Defendant, Harold Lyons, was convicted on July 14, 1955, on two counts of selling heroin and was given a ten-year term of imprisonment as a third narcotics offender. No direct appeal was taken from this conviction. But the next year he made his first collateral attack by motion under 28 U.S.C. § 2255, objecting to his sentence; the district court denied his motion and we dismissed his appeal on May 11, 1956. Thereafter he filed his present motion...

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