STORY v. UNITED STATES

No. 17131.

309 F.2d 483 (1962)

Roy L. STORY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

November 8, 1962.


Attorney(s) appearing for the Case

Roy L. Story, appellant, pro se.

Harold C. Doyle, U. S. Atty., Sioux Falls, S. D., for appellee.

Before JOHNSEN, Chief Judge, and MATTHES and RIDGE, Circuit Judges.


JOHNSEN, Chief Judge.

The appeal is from an order denying appellant's motion under 28 U.S.C.A. § 2255, to have his sentence vacated. The motion was denied on the basis of the provision in § 2255 that "The sentencing court shall not be required to entertain a second or successive motion for similar relief on behalf of the same prisoner."

The ground on which the motion sought to have the sentence vacated was that appellant "had incompetent counsel...

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