HAGAN v. UNITED STATES

No. 17109.

256 F.2d 34 (1958)

Robert L. HAGAN v. UNITED STATES of America.

United States Court of Appeals Fifth Circuit.

June 3, 1958.


Attorney(s) appearing for the Case

Robert L. Hagan, in pro. per.

Philip C. McGahey, Jr., Asst. U. S. Atty., Cavett S. Binion, Asst. U. S. Atty., Fort Worth, Tex., Heard L. Floore, U. S. Atty., Fort Worth, Tex., for appellee.

Before RIVES, JONES and BROWN, Circuit Judges.


PER CURIAM.

This appeal seeks review of the District Court's denial without a hearing of Hagan's "Motion to Vacate" under 28 U.S.C.A. § 2255. The contention urged was that since Counts 2, 4 and 6 cover sales of narcotics not in pursuance of the necessary written order, 26 U.S.C.A. § 2554(a) and Counts 1, 3, 5 and 7 charge receiving and concealing, 21 U.S.C.A. § 174, the drugs sold in the transactions on which Counts 2, 4 and 6 are grounded the sentence...

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