PORTER v. UNITED STATES

No. 18917.

298 F.2d 461 (1962)

Robert Louis PORTER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 14, 1962.


Attorney(s) appearing for the Case

Charles W. Tessmer, Dallas, Tex., for appellant.

Robert S. Travis, Asst. U. S. Atty., W. B. West, III, U. S. Atty., Fort Worth, Tex., for appellee.

Before BROWN, WISDOM and BELL, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

This is an appeal from a summary dismissal of a § 2255 petition for post-conviction relief from a 20-year sentence for violation of the narcotics laws by the sale of marihuana, 26 U.S.C.A. § 4742(a). The sentencing court dismissed it out-right without any hearing on the ground that it appeared that the petitioner's contentions "are frivolous and without merit, not in good faith, and state no valid ground upon which the relief...

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