MARTIN v. UNITED STATES

No. 6209.

273 F.2d 775 (1960)

George F. MARTIN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

January 4, 1960.


Attorney(s) appearing for the Case

Jerry L. Smith, Denver, Colo., for appellant.

Jack R. Parr, Asst. U. S. Atty., Oklahoma City, Okl. (Paul W. Cress, U. S. Atty., and Erwin A. Cook, Asst. U. S. Atty., Oklahoma City, Okl., were on the brief), for appellee.

Before MURRAH, Chief Judge, BREITENSTEIN, Circuit Judge, and CHRISTENSON, District Judge.


BREITENSTEIN, Circuit Judge.

The questions presented here relate to a proceeding under 28 U.S.C. § 2255. Appellant Martin, on a plea of guilty, was sentenced to consecutive five-year terms under a two-count indictment charging the use of the mails to defraud. An appeal from the judgment of conviction was dismissed as filed out of time.1

After the dismissal of the first appeal, Martin attempted to file a motion for relief under...

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