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MITCHELL v. UNITED STATES

No. 14173.

254 F.2d 954 (1958)

John S. MITCHELL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided April 10, 1958.

Attorney(s) appearing for the Case

Mr. Martin J. McNamara, Jr., Washington, D. C. (appointed by the District Court) for appellant.

Mr. Walter J. Bonner, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., and Lewis Carroll and Alexander L. Stevas, Asst. U. S. Attys., were on the brief, for appellee.

Before REED, Associate Justice of the Supreme Court, retired, EDGERTON, Chief Judge, and FAHY, Circuit Judge.

PER CURIAM.

The defendant did not appeal from a conviction and sentence under the narcotics laws. It is now too late to do so. He now appeals from denial of a motion under 28 U.S.C. § 2255 to vacate his sentence.

His present counsel, appointed by the District Court, contends that because trial counsel did not appeal, trial counsel did not give the defendant the "effective assistance" to which he was entitled. The defendant says his trial counsel refused...

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