UPSHAW v. UNITED STATES

No. 14194.

252 F.2d 863 (1958)

William UPSHAW, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 27, 1958.


Attorney(s) appearing for the Case

Mr. Dale E. Doty, Washington, D. C. (appointed by this Court), with whom Mr. Jerome Huisentruit, Melrose, Minn., was on the brief, for appellant.

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

Before PRETTYMAN, BAZELON and BURGER, Circuit Judges.


PER CURIAM.

This is an appeal from the denial by the District Court of relief under 28 U.S.C. § 2255. Appellant and a co-defendant were convicted of possession of narcotics under 21 U.S.C.A. § 174.

The conviction of appellant's co-defendant Collis was reversed by this court on direct appeal because a jury could not have escaped a reasonable doubt as to possession of the narcotics by Collis or his participation in a purchase thereof. See Collis v...

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